Pursuant to 5
CFR 1320.10, this ICR is disapproved as incon- sistent with the
Paperwork Reduction Act of 1995 (PRA) as enacted at 44 U.S.C. 3501
et seq. Section 3506(c)(2)(A) requires an agency to solicit comment
prior to any collection of information from the public to evaluate
the need for and prac- tical utility of the proposed information
collection and the accuracy of the agency's estimate of burden for
the collection. The collection submitted to OMB for renewal under
control number 2050-0136 is a generic clearance for collection of
economic and regulatory impact data to be used to support program
and regulatory development under RCRA. A generic clearance may be
extended to information collections that con- sist of a general
plan for collecting data and specific data collection tasks. In
these cases, the specific data collection tasks must generally be
submitted to OIRA for approval under the terms of clearance for the
general plan. Under the draft implementing guidance for the PRA,
OMB generally will not approve a generic clearance unless it meets
four tests: 1) there is a demonstrated need for a generic strategy;
2) specific data collection tasks may be reviewed by a single OIRA
desk officer within a short period of time; 3) the general plan
addresses subject matter and employs methodologies that are free of
controversy or any features that require particular justification
and review under the 5 CFR 1320; and 4) the general plan covers
intended collections in enough detail that the consistency of each
task with the plan is transparent. The information collection
requested under 2050-0136 does not meet these tests. In particular,
the proposed collection is so general as to encompass surveys
characterized by a myriad of target populations, sample designs,
and methodologies for the analysis of resulting data. EPA has not
demonstrated a convincing need for aggregating this variety of
information collection activities into a single generic strategy.
In fact, it is likely that any survey task submitted for approval
under this clearance were it granted would require substantive
review beyond the scope of what is intended in test 3 above.
Furthermore, the generality of the Agency's description of the
proposed collection is such that it would be difficult for a member
of the public to provide meaningful comments on it. This is of
special concern inasmuch as the data gathered under this collection
is likely to be used for regulatory development, in which there is
inherent public interest. Because the proposed generic information
collection package does not meet these four tests and is
inconsistent with the intent of the PRA to grant a meaningful
opportunity for public comment, this collection is disapproved. EPA
is encouraged to submit individual survey instruments to OMB for
approval pursuant to the normal PRA notice and comment process
characterized in 44 U.S.C. 3506 and codified at 5 CFR 1320.5,
1320.8, and 1320.9 as a compelling need arises.
Inventory as of this Action
Requested
Previously Approved
05/31/1998
0
0
3,000
0
0
0
0
0
0
EPA's Office of Solid Waste (OSW) is
requesting renewal for a generic clearance to collect economic and
regulatory impact data. This generic clearance simplifies the
authorization process and provides OSW with the flexibility needed
to conduct information collections, administer surveys, interviews,
and focus group meetings in a rapid and efficient manner. Executive
Order 12866 specifies that all administrative decisions shall be
based on adequate information concerning the need for and
consequences of proposed Government action. The information
collection will be used to assess the cost and benefits.
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.