EPA has proposed an extension of an “information collection request,” or ICR, regarding recordkeeping related to the recycling of hazardous secondary materials. The specific requirements affected by the ICR request include shipping records and receipts, financial assurance requirements, personnel training, labeling storage containers, and emergency preparedness and response conditions. These information requests were set to expire in April of this year. The information requirements proposed for extension impact generators, verified recyclers, contractors, and others involved in shipping, transporting, and recycling hazardous secondary materials under the exclusions added in the 2015 Final Rule. These exclusions are found at 40 CFR 261.4(a)(23), (24), and (27), and the revised speculative accumulation requirement at 40 CFR 261.1(c)(8).
EPA is soliciting comments and information to:
- Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency;
- evaluate the accuracy of the Agency’s estimate of the burden of the proposed collection of information;
- enhance the quality, utility, and clarity of the information to be collected; and
- minimize the burden of the collection of information on those who are to respond.
EPA will consider comments received and amend the ICR as appropriate, and final ICR package will then be submitted to OMB for review and approval. At that time, the EPA will issue another Federal Register notice to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB.The comment period would end April, 27, 2018.
This action would extend paperwork requirements that originate from a January 2015 Final Rule that revised EPA’s Definition of Solid Waste to exclude certain hazardous secondary materials from regulation under RCRA. In addition to new exclusions, the Final Rule added recordkeeping rules EPA says ensure regulated entities meet their responsibilities and help inspectors verify compliance.
Background On Definition Of Solid Waste Rule
In 2015 the EPA published final revisions to the definition of solid waste that exclude certain hazardous secondary materials from regulation (80 FR 1694, January 13, 2015). The information requirements help ensure that (1) entities operating under the regulatory exclusions are held accountable to the applicable requirements; (2) state inspectors can verify compliance with the restrictions and conditions of the exclusions when needed; and (3) hazardous secondary materials exported for recycling are actually handled as commodities abroad.
Paperwork requirements finalized in that rule include:
- Under the generator-controlled exclusion at 40 CFR 261.4(a)(23), the tolling contractor has to maintain at its facility for no less than three years records of hazardous secondary materials received pursuant to its written contract with the tolling manufacturer, and the tolling manufacturer must maintain at its facility for no less than three years records of hazardous secondary materials shipped pursuant to its written contract with the tolling contractor. In addition, facilities performing the recycling of hazardous secondary materials under the generator-controlled exclusions at 40 CFR 261.4(a)(23) to maintain documentation of their legitimacy determination onsite.
- Under the verified recycler exclusion at 40 CFR 261.4(a)(24), a verified hazardous secondary materials recycler or an intermediate facility who has obtained a solid waste variance must meet the following conditions: Having financial assurance in place, having trained personnel, and meeting emergency preparedness and response conditions.
Under the remanufacturing exclusion at 40 CFR 261.4(a)(27), both the hazardous secondary material generator and the remanufacturer must maintain records of shipments and confirmations of receipts for a period of three years from the dates of the shipments.
- Under the revised speculative accumulation requirement in 261.1(c)(8), all persons subject to the speculative accumulation requirements must label the storage unit by indicating the first date that the material began to be accumulated.