Revisions to the RCRA Definition of Solid Waste Final Rule (Revision)

Forms and Documents

Document Name	Status
Form 8700-12 Private Sector – DSW Final Rule Requirements Form and Instruction	Modified
2310ss04.docx Supplementary Document	2018-04-24
2310ss03.docx Supporting Statement A	2014-12-23

IC Document Collections

IC ID	Document Title	Status
187051	Part 3 of 3: Definition of Solid Waste (State)	Removed
187050	Part 2 of 3: Definition of Solid Waste (Renewal)	Removed
187049	Private Sector – DSW Final Rule Requirements Form and Instruction	Modified

ICR Details

OMB Control No: 2050-0202	ICR Reference No: 201504-2050-003
Status: Historical Active	Previous ICR Reference No: 201205-2050-002
Agency/Subagency: EPA/OLEM	Agency Tracking No: 2310.04
Title: Revisions to the RCRA Definition of Solid Waste Final Rule (Revision)
Type of Information Collection: Reinstatement with change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 04/28/2015
	Date Received in OIRA: 04/28/2015
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2018	36 Months From Approved	07/31/2015
Responses	37,558	0	158,508
Time Burden (Hours)	36,488	0	20,403
Cost Burden (Dollars)	68,369	0	556,562

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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.

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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

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2050-AG62	Final or interim final rulemaking	80 FR 1693	01/13/2015

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Part 2 of 3: Definition of Solid Waste (Renewal)
Part 3 of 3: Definition of Solid Waste (State)
Private Sector – DSW Final Rule Requirements	8700-12	Notification of RCRA Subtitle C Activity

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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	158,508	0	-120,950	0	0
Annual Time Burden (Hours)	36,488	20,403	0	16,085	0	0
Annual Cost Burden (Dollars)	68,369	556,562	0	-488,193	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 burden is being changed to reflect the changes in the revised final rule associated with this collection of information.

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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.    

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.    

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

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Common Form ICR:  No

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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: 02/03/2015

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