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EPA/SWER

RIN: 2050-AE50

Publication ID: Spring 2003

Title: Office of Solid Waste Burden Reduction Project
Abstract: EPA plans to reduce the burden imposed by the RCRA reporting and recordkeeping requirements to help meet the Federal Governmentwide goal established by the Paperwork Reduction Act (PRA). In June 1999, EPA published a Notice of Data Availability (NODA) in the Federal Register (64 FR 32859) to seek comment on a number of burden reduction ideas. After reviewing the comments received on the NODA, EPA proposed (67 FR 2518, 1/17/02) to implement many of these ideas. The proposal was designed to eliminate duplicative and nonessential paperwork. The main ideas for the final rulemaking are: (1) eliminating or modifying one-third of the 334 RCRA-required notices and reports that are sent by the regulated community to states and EPA; (2) eliminating the RCRA emergency response training requirements that overlap with the Occupational Safety and Health Administration requirements; (3) eliminating the need for facilities to record personnel descriptions; (4) decreasing the owner/operator self-inspection frequency of hazardous waste tanks to weekly; (5) providing states and EPA with the opportunity to lengthen owner/operator self-inspection frequencies on a case-by-case basis for containers, containment buildings, and tanks; (6) eliminating the Land Disposal Restrictions generator waste determinations, recycler notifications and certifications, hazardous debris notifications and characteristic waste determinations, and streamlining the characteristic waste notification procedures; and (7) modifying the groundwater monitoring requirements for hazardous waste facilities. Burden is the time that a state employee, member of the regulated community, or private citizen spends generating and reporting information to us and keeping records. EPA is responding to the Paperwork Reduction Act by reducing paperwork burden. This rule does not have federalism implications. Because the changes are equivalent to or less stringent than the existing Federal program, States would not be required to adopt and seek authorization for them, which means that the Executive Order 13132 does not apply. Under section 3006 of the Resource Conservation and Recovery Act, federal regulatory requirements may authorize states to administer the RCRA hazardous waste program within the state. This rule may have an annual effect on the economy of $100 million or more or adversely affect in the material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities. We calculate the reporting and recordkeeping burden reduction savings for this as 929,000 hours and $120 million. We established a workgroup which receives input/comments on burden from program offices at EPA (both headquarters and regional), States, the regulated community, and the public on their RCRA reporting and recordkeeping requirements versus the burden they impose. We are considering the following: Reducing the reporting requirements for generators and treatment, storage and disposal facilities (TSDFs); allowing weekly hazardous waste tank inspections; reducing the burden of RCRA personnel training requirements and eliminating overlaps with Occupational Safety and Health Administration training requirements. We also plan to eliminate and streamline the land disposal restrictions paperwork requirements. States, more specifically facilities and businesses within the States, that regulate and maintain records of their hazardous wastes will be regulated under this rule.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR 260.31 40 CFR 261.4 40 CFR 261.38 40 CFR 264.16 40 CFR 264.52 40 CFR 264.56 40 CFR 264.73 40 CFR 264.98 et seq 40 CFR 265.16 40 CFR 265.52 40 CFR 265.56 40 CFR 265.73 40 CFR 265.98 et seq 40 CFR 266.103 40 CFR 268.7, 268.9 ... (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 42 USC 6907 42 USC 6912(a) 42 USC 6921 42 USC 6922 42 USC 6923 42 USC 6924 42 USC 6925 42 USC 6926 42 USC 6927 42 USC 6930 42 USC 6934 42 USC 6935 42 USC 6937 42 USC 6938 42 USC 6939 ...

Legal Deadline: None

Statement of Need: The Paperwork Reduction Act of 1995 establishes a federal government-wide goal to reduce the paperwork and reporting burden it imposes. The RCRA Burden Reduction Initiative Proposed Rulemaking makes the regulatory changes necessary to meet this goal.

Summary of the Legal Basis: This action is not required by statute or court order.

Alternatives: Reducing recordkeeping and reporting will require changes in our regulations. There was no alternative to doing a rulemaking. The Agency sought opinions from the regulated community on various burden reduction possibilities.

Anticipated Costs and Benefits: Our cost-benefit analysis showed a savings of $120 million and 929,000 hours. The rule will have minimal impact on the protectiveness of the RCRA regulations. It will eliminate or streamline paperwork requirements that are unnecessary because they add little to the protectiveness of the RCRA regulations.

Risks: The rule will have no risk impacts.

Timetable:

Action	Date	FR Cite
Notice of Data Availability	06/18/1999	64 FR 32859
NPRM	01/17/2002	67 FR 2518
Final Action	09/00/2003

Additional Information: SAN No. 4084
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal, Local, State, Tribal
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: Yes
Sectors Affected: 323 Printing and Related Support Activities; 324 Petroleum and Coal Products Manufacturing; 325 Chemical Manufacturing; 326 Plastics and Rubber Products Manufacturing; 331 Primary Metal Manufacturing; 332 Fabricated Metal Product Manufacturing; 334 Computer and Electronic Product Manufacturing; 562 Waste Management and Remediation Services
Agency Contact: Robert Burchard Environmental Protection Agency Solid Waste and Emergency Response 5302W, Washington, DC 20460 Phone:703 308-8450 Fax:703 308-8433 Email: burchard.robert@epamail.epa.gov