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OMB Control No: 2050-0053	ICR Reference No: 201911-2050-002
Status: Active	Previous ICR Reference No: 201807-2050-001
Agency/Subagency: EPA/OLEM	Agency Tracking No: 1189.29
Title: Identification, Listing and Rulemaking Petitions (Renewal)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/10/2021
Retrieve Notice of Action (NOA)	Date Received in OIRA: 11/29/2019
Terms of Clearance: Upon resubmission, the program must use the standard 18 question Supporting Statement format. In addition, the agency will need to separate the current ICR into 6 separate information collection requests since these are separate regulatory programs under RCRA. 1. Rulemaking Petitions 2. Solid Waste and Boiler Variance Requirements 3. Hazardous Waste Exclusions 4. Hazardous Waste Listing Exemptions 5. Hazardous Waste Export-Import Revisions 6. Disposal of Coal Combustion Residuals

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2024	36 Months From Approved	03/31/2021
Responses	2,237,467	0	2,252,416
Time Burden (Hours)	303,208	0	468,379
Cost Burden (Dollars)	18,174,409	0	47,945,547

Abstract: Under the authority of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, Congress directed the U.S. Environmental Protection Agency to implement a comprehensive program for the safe management of hazardous waste. In addition, Congress wrote that [a]ny person may petition the Administrator for the promulgation, amendment or repeal of any regulation under RCRA (section 7004(a)). 40 CFR parts 260 and 261 contain provisions that allow regulated entities to apply for petitions, variances, exclusions, and exemptions from various RCRA requirements. The following are some examples of information required from petitioners under 40 CFR part 260. Under 40 CFR 260.20(b), all rulemaking petitioners must submit basic information with their demonstrations, including name, address, and statement of interest in the proposed action. Under 260.21, all petitioners for equivalent testing or analytical methods must include specific information in their petitions and demonstrate to the satisfaction of the Administrator that the proposed method is equal to, or superior to, the corresponding method in terms of its sensitivity, accuracy, and reproducibility. Under 260.22, petitions to amend part 261 to exclude a waste produced at a particular facility (more simply, to delist a waste) must meet extensive informational requirements. When a petition is submitted, the Agency reviews materials, deliberates, publishes its tentative decision in the Federal Register, and requests public comment. The EPA also may hold informal public hearings (if requested by an interested person or at the discretion of the Administrator) to hear oral comments on its tentative decision. After evaluating all comments, the EPA publishes its final decision in the Federal Register. On April 17, 2015, the EPA published a final rule to regulate the disposal of coal combustion residuals (CCR) from electric utilities as solid waste under Subtitle D of RCRA (80 FR 21302). EPA established national minimum criteria for existing and new CCR landfills and CCR surface impoundments and all lateral expansions to include location restrictions, design and operating criteria, groundwater monitoring and corrective action, closure requirements and post-closure care, and recordkeeping, notification, and internet posting requirements. These standards are found at 40 CFR part 257, subpart D.

Authorizing Statute(s): US Code: 42 USC 6921-6924 Name of Law: Resource Conservation and Recovery Act of 1976

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 39743	08/10/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 39743	08/10/2018
Did the Agency receive public comments on this ICR? No

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Adjustment in Estimate
Annual Number of Responses	2,237,467	2,252,416	-14,949
Annual Time Burden (Hours)	303,208	468,379	-165,171
Annual Cost Burden (Dollars)	18,174,409	47,945,547	-29,771,138

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: For sections associated with 40 CFR Parts 260 and 261, the burden increase is an adjustment to the existing estimates based on data gathered through consultations with EPA Regional and State Offices and the regulated community. For sections associated with 40 CFR Part 257, the burden decrease is a result of an updated (smaller) universe of respondents, and the completion of many one-time requirements in the original ICR period that are not required during this ICR period.

Annual Cost to Federal Government: $554,328

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

Agency Contact: Richard Mattick 202 566-1926 mattick.richard@epa.gov

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