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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:
201804-2050-004
Status:
Historical Active
Previous ICR Reference No:
201504-2050-003
Agency/Subagency:
EPA/OLEM
Agency Tracking No:
2310.05
Title:
Revisions to The RCRA Definition of Solid Waste Final Rule Revision)
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Emergency
Approval Requested By:
04/24/2018
OIRA Conclusion Action:
Approved without change
Conclusion Date:
04/25/2018
Retrieve Notice of Action (NOA)
Date Received in OIRA:
04/24/2018
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
04/30/2018
04/30/2018
04/30/2018
Responses
37,558
0
37,558
Time Burden (Hours)
34,366
0
36,488
Cost Burden (Dollars)
68,369
0
68,369
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 sent to a RCRA permitted facility or verified recycler for the purpose of reclamation are not solid waste, provided that specified conditions are met. In addition, EPA has amended Part 261 to provide that certain high value solvents are not solid waste when reclaimed, provided that specified conditions are met. Finally, EPA has finalized other amendments related to variances from solid waste and non-waste determinations in Part 260 and has applied the definition of legitimate recycling in 40 CFR part 260.43 to all hazardous secondary materials recycling.
Emergency Justfication:
In 2015, EPA issued a final rule that revised the RCRA Definition of Solid Waste. In that rule, EPA replaced the 2008 transfer-based exclusion found at 40 CFR 261.4(a)(24) and (25) with the verified recycler exclusion, found at 40 CFR 261.4(a)(24). The goal of the 2008 and 2015 rules was to exempt hazardous secondary materials sent to off-site recycling facilities from the definition of solid waste when certain conditions were met. These conditions included recordkeeping and reporting requirements. EPA also revised the definition of legitimate recycling found at 40 CFR 260.43, which was originally promulgated in 2008. In the 2008 and 2015 versions of the regulation, the legitimacy provision was designed to distinguish between real recycling activities—legitimate recycling—and sham recycling, an activity undertaken by an entity to avoid the requirements of managing a hazardous secondary material as a hazardous waste. On July 7, 2014 and amended on March 6, 2018 the United States Court of Appeals for the District of Columbia Circuit: (1) vacated the 2015 verified recycler exclusion for hazardous waste that is recycled off-site (except for certain provisions); (2) reinstated the transfer-based exclusion from the 2008 rule to replace the now-vacated 2015 verified recycler exclusion; (3) upheld the containment and emergency preparedness provisions and the eligibility of spent petroleum catalysts for the reinstated transfer-based exclusion; (4) vacated factor 4 of the 2015 definition of legitimate recycling in its entirety; and (5) reinstated the 2008 version of factor 4 to replace the now-vacated 2015 version of factor 4. The court issued the mandate for its decision on March 14, 2018, at which point the orders became effective. As a result, some of the recordkeeping and reporting requirements under this ICR no longer apply, while other requirements that had previously applied were reinstated.
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
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
Private Sector
8700-12
Notification of RCRA Subtitle C Activity
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
37,558
37,558
0
0
0
0
Annual Time Burden (Hours)
34,366
36,488
0
-2,122
0
0
Annual Cost Burden (Dollars)
68,369
68,369
0
0
0
0
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:
Yes
Burden Reduction Due to:
Miscellaneous Actions
Short Statement:
The decrease in burden is a result of the United States Court of Appeals for the District of Columbia Circuit, which On July 7, 2014 and amended on March 6, 2018: (1) vacated the 2015 verified recycler exclusion for hazardous waste that is recycled off-site (except for certain provisions); (2) reinstated the transfer-based exclusion from the 2008 rule to replace the now-vacated 2015 verified recycler exclusion; (3) upheld the containment and emergency preparedness provisions and the eligibility of spent petroleum catalysts for the reinstated transfer-based exclusion; (4) vacated factor 4 of the 2015 definition of legitimate recycling in its entirety; and (5) reinstated the 2008 version of factor 4 to replace the now-vacated 2015 version of factor 4. The court issued the mandate for its decision on March 14, 2018, at which point the orders became effective. As a result, some of the recordkeeping and reporting requirements under this ICR no longer apply, while other requirements that had previously applied were reinstated.
Annual Cost to Federal Government:
$271,188
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?
Uncollected
Agency Contact:
Amanda Kohler 703 347-8975 kohler.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:
04/24/2018
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