# Information Collection Request Submitted to OMB for Review and Approval; Comment Request; State Program Adequacy Determination: Municipal Solid Waste Landfills (MSWLFs) and Non-Municipal, Non-Hazardous Waste Disposal Units that Receive Conditionally Exempt Small Quantity Generator (CESQG) Hazardous Waste (Renewal)
**AGENCY:**
Environmental Protection Agency (EPA).
**ACTION:**
Notice.
**SUMMARY:**
The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), “State Program Adequacy Determination: Municipal Solid Waste Landfills (MSWLFs) and Non-Municipal, Non-Hazardous Waste Disposal Units that Receive Conditionally Exempt Small Quantity Generator (CESQG) Hazardous Waste (Renewal)” (EPA ICR No. 1608.07, OMB Control No. 2050-0152) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ). This is a proposed extension of the ICR, which is currently approved through April 30, 2015. Public comments were previously requested via the *Federal Register* (79 FR 73574) on December 11, 2014 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.
**DATES:**
Additional comments may be submitted on or before May 6, 2015.
**ADDRESSES:**
Submit your comments, referencing Docket ID Number EPA-HQ-RCRA-2014-0839, to (1) EPA online using *www.regulations.gov* (our preferred method), by email to *[email protected],* or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to *[email protected].* Address comments to OMB Desk Officer for EPA.
EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.
**FOR FURTHER INFORMATION CONTACT:**
Craig Dufficy, Materials Recovery and Waste Management Division, Office of Resource Conservation and Recovery, mail code 5304P, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (703) 308-9037; fax number: (703) 308-8686; email address: *[email protected].*
**SUPPLEMENTARY INFORMATION:**
Supporting documents, which explain in detail the information that the EPA will be collecting, are available in the public docket for this ICR. The docket can be viewed online at *www.regulations.gov* or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is 202-566-1744. For additional information about EPA's public docket, visit *http://www.epa.gov/dockets.*
*Abstract:* Section 4010(c) of the Resource Conservation and Recovery Act (RCRA) of 1976 requires that EPA revise the landfill criteria promulgated under paragraph (1) of Section 4004(a) and Section 1008(a)(3). Section 4005(c) of RCRA, as amended by the Hazardous Solid Waste Amendments (HSWA) of 1984, requires states to develop and implement permit programs to ensure that MSWLFs and non-municipal, non-hazardous waste disposal units that receive household hazardous waste or CESQG hazardous waste are in compliance with the revised criteria for the design and operation of non-municipal, non-hazardous waste disposal units under 40 CFR part 257, subpart B and MSWLFs under 40 CFR part 258 (revised federal criteria). Section 4005(c) of RCRA further mandates the EPA Administrator to determine the adequacy of state permit programs to ensure owner and/or operator compliance with the revised federal criteria.
In response to the statutory requirement in § 4005(c), EPA developed 40 CFR part 239, commonly referred to as the State Implementation Rule (SIR). The SIR describes the state application and EPA review procedures and defines the elements of an adequate state permit program.
The collection of information from the state during the permit program adequacy determination process allows EPA to evaluate whether a program for which approval is requested is appropriate in structure and authority to ensure owner or operator compliance with the revised federal criteria. Section 239.3 of the SIR, requires that all state applications contain the following five components:
(1) A transmittal letter requesting permit program approval.
(2) A narrative description of the state permit program, including a demonstration that the state's standards for non-municipal, non-hazardous waste disposal units that receive CESQG hazardous waste are technically comparable to the Part 257, Subpart B criteria and/or that its MSWLF standards are technically comparable to the Part 258 criteria.
(3) A legal certification demonstrating that the state has the authority to carry out the program.
(4) Copies of state laws, regulations, and guidance that the state believes demonstrate program adequacy.
(5) Copies of relevant state-tribal agreements if the state has negotiated with a tribe for the implementation of a permit program on tribal lands.
The EPA Administrator has delegated the authority to make determinations of adequacy to the EPA Regional Administrator. The appropriate EPA Regional Office, therefore, will use the information provided by each state to determine whether the state's permit program satisfies the statutory test reflected in the requirements of 40 CFR part 239.
*Form Numbers:* None.
*Respondents/affected entities:* State, Local, or Tribal Governments.
*Respondent's obligation to respond:* Mandatory under Section 4005(c) of RCRA.
*Estimated number of respondents:* 12.
*Frequency of response:* On occasion.
*Total estimated burden:* 968 hours (per year). Burden is defined at 5 CFR 1320.03(b).
*Total estimated cost:* $54,374 (per year), includes $0 for annualized capital or operation & maintenance costs.
*Changes in the Estimates:* There is no change in the total estimated respondent burden compared with the ICR currently approved by OMB.
Courtney Kerwin,
Acting Director, Collection Strategies Division.