[Federal Register Volume 63, Number 211 (Monday, November 2, 1998)]
[Notices]
[Pages 58721-58722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29308]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6183-1]
Agency Information Collection Activities Up for Renewal: Comment
Request; State Program Adequacy Determination--Municipal Solid Waste
Landfills (MSWLFs) and Non-municipal, Non-hazardous Waste Disposal
Units that Receive Conditionally Exempt Small Quantity Generator
(CESQG) Hazardous Waste
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 document announces that EPA is planning to submit the
following continuing Information Collection Request (ICR) to the Office
of Management and Budget (OMB): State Program Adequacy Determination--
Municipal Solid Waste Landfills (MSWLFs) and Non-municipal, Non-
hazardous Waste Disposal Units that Receive Conditionally Exempt Small
Quantity Generator (CESQG) Hazardous Waste, ICR Number 1608.02. Before
submitting the ICR to OMB for review and approval, EPA is soliciting
comments on specific aspects of the proposed continuing information
collection as described below.
DATES: Comments must be submitted on or before January 4, 1999.
ADDRESSES: Commenters must send an original and two copies of their
comments referencing docket number F-98-SIP-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 also may be submitted electronically
through the Internet to: rcradocket@epamail.epa.gov>. Comments in
electronic format also should be identified by the docket number F-98-
SIP-FFFFF. All electronic comments must be submitted as an ASCCI file
avoiding the use of special characters and any form of encryption.
Commenters should not electronically submit 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. The index and supporting materials
are available electronically.
The ICR is available on the Internet. Follow these instructions to
access the information electronically:
WWW: www.epa.gov/epaoswer/nonh-w/muncpl.landfill.htm>
FTP: ftp.epa.gov
Login: anonymous
Password: your Internet address
Files are located in .
The official record for this action will be kept in paper form.
Accordingly, EPA will transfer all comments received electronically
into paper form and place them in the official record, which will
include all comments submitted in writing. EPA's response to comments,
both written and electronic, will be placed in the official record. The
Agency's response to major comments may also be published in a document
in the ``Federal Register.'' EPA will not immediately reply to
commenters electronically other than to seek clarification of
electronic comments that may be garbled in transmission or during
conversion to paper form, as discussed above.
FOR FURTHER INFORMATION CONTACT: For general information, contact the
RCRA Hotline at (800) 424-9346 or TDD (800) 553-7672 (hearing
impaired). In the Washington, DC, metropolitan area, call (703) 412-
9810 or TDD (703) 412-3323.
For more detailed information on specific aspects of the
rulemaking, contact Karen Rudek, Office of Solid Waste (5306W), 401 M
Street, SW., Washington, DC 20460, (703) 308-1682, or
rudek.karen@epamail.epa.gov>.
SUPPLEMENTARY INFORMATION:
Affected entities: Entities potentially affected by this action are
states that seek approval of permit programs for MSWLFs and for non-
municipal, non-
[[Page 58722]]
hazardous waste disposal units that receive CESQG waste.
Title: State Program Adequacy Determination--Municipal Solid Waste
Landfills (MSWLFs) and Non-municipal, Non-hazardous Waste Disposal
Units that Receive Conditionally Exempt Small Quantity Generator
(CESQG) Hazardous Waste, ICR Number 1608.02, renewal of ICR Number
1608.01, which expires April 30, 1999.
Abstract: Section 4010(c) of the Resource Conservation and Recovery
Act (RCRA) of 1976 requires that 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) of 1984, requires states to develop and
implement permit programs to ensure that MSWLFs and non-municipal, non-
hazardous waste disposal units that receive household hazardous waste
or CESQG hazardous waste 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. (40 CFR part 257, subpart B and 40 CFR part 258 are
henceforth referred to as the ``revised federal criteria.'') Section
4005(c) of RCRA further mandates the EPA Administrator to determine the
adequacy of state permit programs to ensure owner and/or operator
compliance with the revised federal criteria. A state program that is
deemed adequate to ensure compliance may afford flexibility to owners
or operators in the approaches they use to meet federal requirements,
significantly reducing the burden associated with compliance.
In response to the statutory requirement in section 4005(c), EPA
developed 40 CFR part 239, commonly referred to as the State
Implementation Rule (SIR). The SIR describes the state application and
EPA review procedures and defines the elements of an adequate state
permit program.
The collection of information from the state during the permit
program adequacy determination process allows EPA to evaluate whether a
program for which approval is requested is appropriate in structure and
authority to ensure owner or operator compliance with the revised
federal criteria. The SIR does not require the use of a particular
application form. Section 239.3 of the SIR, however, requires that all
state applications contain the following five components:
(1) A transmittal letter requesting permit program approval.
(2) A narrative description of the state permit program, including
a demonstration that the state's standards for non-municipal, non-
hazardous waste disposal units that receive CESQG hazardous waste are
technically comparable to the part 257, subpart B criteria and/or that
its MSWLF standards are technically comparable to the part 258
criteria.
(3) A legal certification demonstrating that the state has the
authority to carry out the program.
(4) Copies of state laws, regulations, and guidance that the state
believes demonstrate program adequacy.
(5) Copies of relevant state-tribal agreements if the state has
negotiated with a tribe for the implementation of a permit program for
non-municipal, non-hazardous waste disposal units that receive CESQG
hazardous waste and/or MSWLFs on tribal lands.
The EPA Administrator has delegated the authority to make
determinations of adequacy, as contained in the statute, to the EPA
Regional Administrator. The appropriate EPA Regional Office, therefore,
will use the information provided by each state to determine whether
the state's permit program satisfies the statutory test reflected in
the requirements of 40 CFR part 239. In all cases, the information will
be analyzed to determine the adequacy of the state's permit program for
ensuring compliance with the federal revised criteria.
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.
EPA is soliciting comments to:
(1) 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.
(2) 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.
(3) Enhance the quality, utility, and clarity of the information to
be collected.
(4) 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: 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 enable them to
respond to a collection of information; search data sources; complete
and review the collection of information; and transmit or otherwise
disclose the information.
The total burden for states, territories, and the EPA regions for
the collection and evaluation of information under this ICR is
estimated to be about 19,500 hours and $583,000. The estimated burden
includes time for reviewing instructions, searching existing data
sources, gathering and maintaining necessary data, and completing and
reviewing the collection of information. The ICR supporting statement
describes the assumptions and information sources used to develop the
burden estimate for this ICR. For a copy of the supporting statement,
contact Karen Rudek at (703) 308-1682, or e-mail
rudek.karen@epamail.epa.gov>. Requests should reference the document
title, ``Supporting Statement for EPA Information Collection Request
#1608.02.'' There is no recordkeeping burden associated with this ICR.
Dated: October 21, 1998.
Matthew Hale,
Acting Director, Office of Solid Waste.
[FR Doc. 98-29308 Filed 10-30-98; 8:45 am]
BILLING CODE 6560-50-P
