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
02/28/1997
01/31/1997
02/28/1997
179
0
179
628,301
0
0
0
0
0
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).
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:
(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;
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.
New and Amended RCRA Reporting and Recordkeeping Requirements for Boilers and Industrial Furnaces Burning Hazardous Waste