View Information Collection Request (ICR) Package
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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:
2050-0202
ICR Reference No:
200905-2050-001
Status:
Historical Active
Previous ICR Reference No:
200810-2050-003
Agency/Subagency:
EPA/OLEM
Agency Tracking No:
2310.01
Title:
Revisions to the RCRA Definition of Solid Waste (Final Rule)
Type of Information Collection:
New collection (Request for a new OMB Control Number)
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
05/04/2009
Retrieve Notice of Action (NOA)
Date Received in OIRA:
05/04/2009
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
05/31/2012
36 Months From Approved
Responses
158,508
0
0
Time Burden (Hours)
20,403
0
0
Cost Burden (Dollars)
556,562
0
0
Abstract:
The U.S. Environmental Protection Agency (EPA) has published final revisions to the definition of solid waste that exclude certain hazardous secondary materials from regulation under Subtitle C of the Resource Conservation and Recovery Act (RCRA), as amended. Specifically, EPA has amended 40 CFR Part 261 to provide that hazardous secondary materials reclaimed under the control of the generator are not solid wastes if specified conditions are met. EPA has also amended Part 261 to provide that hazardous secondary materials that are generated and then transferred to another person for the purpose of reclamation are not solid waste, provided that specified conditions are met. In addition, EPA has established conditions for the export of excluded materials, as specified. Finally, EPA has finalized other amendments to address particular issues (e.g., it has established standards in Part 260 to enable a person to apply to EPA for a formal determination that a material is not discarded and therefore not a solid waste). The purpose of the amendments is to codify the RCRA concept of "legitimate recycling" and to respond to court decisions concerning the definition of solid waste.
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:
2050-AG31
Final or interim final rulemaking
73 FR 64668
10/30/2008
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
3
IC Title
Form No.
Form Name
Part 1 of 3: Revisions to the Definition of Solid Waste (Private sector)
Part 2 of 3: Revisions to the Definition of Solid Waste (state)
Part 3 of 3: Revisions to the Definition of Solid Waste (State)
ICR Summary of Burden
Total Approved
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
158,508
0
0
158,508
0
0
Annual Time Burden (Hours)
20,403
0
0
20,403
0
0
Annual Cost Burden (Dollars)
556,562
0
0
556,562
0
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Changing Regulations
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
The final rule places necessary conditions on generators, intermediate facilities and reclaimers in managing their hazardous secondary materials under the exclusions. At the same time, the rule relieves these entities of existing RCRA paperwork requirements in handling the excluded material, resulting in savings to them. EPA believes that these savings will more than offset the burden of the rule's paperwork requirements.
Annual Cost to Federal Government:
$126,739
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
Agency Contact:
Amanda Geldard 7033478975 geldard.amanda@epa.gov
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:
10/30/2008
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