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Blank fields in records indicate information that was not collected or not collected electronically prior to July 2006.
Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
2050-0073
ICR Reference No:
199605-2050-002
Status:
Historical Inactive
Previous ICR Reference No:
199401-2050-003
Agency/Subagency:
EPA/OLEM
Agency Tracking No:
Title:
New and Amended RCRA Reporting and Recordkeeping Requirements for Boilers and Industrial Furnaces Burning Hazardous Waste
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Comment filed on proposed rule and continue
Conclusion Date:
08/20/1996
Retrieve Notice of Action (NOA)
Date Received in OIRA:
05/20/1996
Terms of Clearance:
This ICR is not approved and continued, under 5 CFR 1320.11(c). Previously approved information collection is continued through January 1997. The agency failed to submit the ICR for OMB review as called for in 5 CFR 1320.11. Section 1320.11(a) requires the agency to include in its Federal Register notice for the proposed rule a statement that the proposed ICR has been submitted to OMB. EPA included such a statement in its April 19, 1996 Federal Register notice (61 FR 17358) but actually submitted the ICR to OMB only on May 20, 1995. Further, Section 1320.11(b) requires submission to OMB of the ICR no later than the day on which the Federal Register notice is published. EPA also failed to include in the April 19, 1996 notice, as called for under Section 1320.5(a)(1)(iv), among other things, an adequate summary of the ICR, and estimate of total associated burden. EPA has also failed to submit with its ICR submission to OMB a copy of the proposed regulation and preamble, as called for under Section 1320.11(b). Further, EPA's publication of a notice in the Federal Register on July 29, 1996 (61 FR 39448) was highly irregular. As noted above, information collections associated with proposed rules should be submitted for review as called for in 1320.11(a) & (b). EPA's notice asked for public comment on the ICR "on or before September 27, 1996", fully four months after EPA's submission of the ICR to OMB for its customary 60 day review. EPA has also failed to justify in its ICR why the recordkeeping and reporting requirements for BIF facilities seeking a hazardous waste exemption are the least burdensome necessary for the proper performance of the agency's duties. In particular, EPA should evaluate whether the daily testing frequency could be replaced with a less frequent requirement. EPA should also evaluate a 3 year record retention period (1320.5(d)(2)(iv),1320.11(j)), and assess the affect on the agency's ACTUAL use of the information in comparison to a 5 year retention requirement. When EPA publishes the final rule in the Federal Register, it shall include the specific OMB comments relating to the hazardous waste exemption and the record retention period in the preamble to the rule, and explain how the agency has responded to these and any comments received from the public on this proposed collection of information, as called for in Section 1320.11(f). In addition, EPA should be careful to follow the requirements of the Paperwork Reduction Act regulations in preparing and submitting its final information collection for OMB review, including, for example, the requirements of Section 1320.11(h).
Inventory as of this Action
Requested
Previously Approved
Expiration Date
02/28/1997
01/31/1997
02/28/1997
Responses
179
0
179
Time Burden (Hours)
628,301
0
0
Cost Burden (Dollars)
0
0
0
Abstract:
EPA is amending the Resource Conservation and Recovery Act (RCRA) Subtitle C regulations applicable to the general management of hazardous waste, hazardous waste incinerators, and boilers and industrial furnaces (BIFs).
Authorizing Statute(s):
None
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
New and Amended RCRA Reporting and Recordkeeping Requirements for Boilers and Industrial Furnaces Burning Hazardous Waste
1361.05
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:
Annual Cost to Federal Government:
$0
Does this IC contain surveys, censuses, or employ statistical methods?
No
Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002?
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
Uncollected
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
Uncollected
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
Uncollected
Is this ICR related to the Pandemic Response?
Uncollected
Common Form ICR:
No
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:
05/20/1996