[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)]
[Notices]
[Pages 38904-38905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17268]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OLEM-2017-0449; FRL-9966-51-OLEM]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Identification, Listing and Rulemaking Petitions
(Revision)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The Environmental Protection Agency is planning to submit a
revised information collection request (ICR), ``Identification, Listing
and Rulemaking Petitions (Revision)'' (EPA ICR No. 1189.26, OMB Control
No. 2050-0053) to the Office of Management and Budget (OMB) for review
and approval in accordance with the Paperwork Reduction Act. Before
doing so, EPA is soliciting public comments on specific aspects of the
proposed information collection as described below. This is a request
for approval of a new collection and revision to a single activity
contained in an existing approved collection. 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: Comments must be submitted on or before October 16, 2017.
ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OLEM-
2017-0449, online using www.regulations.gov (our preferred method) or
by mail to: EPA Docket Center, Environmental Protection Agency, Mail
Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
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: For information concerning this
notice, contact Kirsten Hillyer, Office of Resource Conservation and
Recovery, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave.,
Mail Code 5304-P, Washington, DC 20460; telephone number: (703) 347-
0369; 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.
Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments and information to enable it to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. EPA
will consider the comments received and amend the ICR as appropriate.
The final ICR package will then be submitted to OMB for review and
approval. At that time, 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.
Abstract: The Resource Conservation and Recovery Act (RCRA) is the
public law that creates the framework for the proper management of
hazardous and non-hazardous solid waste. The RCRA regulations
established by EPA can be found in 40 CFR parts 239 through 282. This
ICR (ICR No. 1189.26) is a consolidation of a number of previously
approved RCRA ICRs, including the ICR
[[Page 38905]]
for the rulemaking titled ``Disposal of Coal Combustion Residuals from
Electric Utilities'' (CCR rule), a rulemaking which was published in
the Federal Register on April 17, 2015. The CCR rule establishes a
comprehensive set of requirements for the disposal of CCR in landfills
and surface impoundments, including minimum federal criteria for
groundwater monitoring and corrective action, structural stability,
design and operation standards, closure and post-closure care
standards, and recordkeeping, reporting and internet posting
requirements.
In December 2016, the President signed the Water Infrastructure
Improvements for the Nation (WIIN) Act. Section 2301 of the WIIN Act
amended RCRA Subtitle D and established new statutory provisions for
the control of CCR when placed in CCR landfills and surface
impoundments. In particular, the WIIN Act provides that states may, but
are not required to, develop and submit a permit program (or other
system of prior approval) for control of CCR to EPA for approval. Such
a program does not have to be identical to the requirements in the CCR
rule (40 CFR part 257, subpart D), but must be at least as protective
as the federal CCR requirements. In order for a state to receive
approval of its CCR permit program, the state must submit to EPA
specific materials that would constitute a ``complete'' CCR permit
program application. The information collection includes those
activities to develop the necessary CCR permit (or other system of
prior approval) program materials for submittal to EPA for approval.
EPA is developing a guidance document to provide states with the
information needed to apply for CCR program approval.
To enable EPA to implement the new authorities provided by the WIIN
Act (that is, to review and make determinations on State programs), EPA
is revising ICR No. 1189.26 to account for the new burden and cost
estimates associated with the voluntary actions that states may take to
obtain CCR permit program approval. In this revision to the ICR, EPA is
also making changes to the current burden and cost estimates associated
with a separate voluntary state activity. Specifically, EPA is
proposing to revise the respondent universe associated with the
activity of submitting a solid waste management plan to EPA for
approval. The solid waste management plan is the mechanism where a
state is able to set out, as part of their overall solid waste program,
how the state intends to regulate CCR landfills and surface
impoundments. While the burden and cost associated with this activity
is included in the currently approved ICR, EPA is revising the burden
and cost estimates to better reflect the actual state response observed
since the CCR rule was published in 2015.
The EPA is not making any other substantive revisions to the
currently approved ICR. The EPA is only soliciting comments on burden
and cost estimates associated with activities relating to state CCR
permit programs and state solid waste management plans and will not
consider comments on other aspects of the currently approved ICR.
Form Numbers: None.
Respondents/affected entities: This ICR affects owners and
operators of CCR landfills and surface impoundments that dispose or
otherwise engage in solid waste management of CCR generated from the
combustion of coal at electric utilities and independent power
producers. This ICR also affects states that voluntarily elect to seek
approval from EPA of their state CCR permit program or solid waste
management plan.
Respondent's obligation to respond: For the CCR rule portion of the
ICR, the recordkeeping, notification, and internet posting requirements
are mandatory under 40 CFR part 257, subpart D. The actions that states
may take to obtain approval from EPA of either their CCR permit program
or solid waste management plan is voluntary.
Estimated number of respondents: 494 (total subject to the CCR rule
portion of the ICR).
Frequency of response: Initially, occasionally, annually, and every
five years.
Total estimated burden: 354,602 hours (per year) for the CCR rule
portion of the ICR. Burden is defined at 5 CFR 1320.03(b).
Total estimated cost: $63,858,128 (per year) for the CCR rule
portion of the ICR, which includes $41,112,513 annualized capital cost
or operation & maintenance costs.
Changes in Estimates: There is decrease of 4,355 hours in the total
estimated respondent burden compared with the ICR currently approved by
OMB. The decrease in burden from the most recently approved ICR is due
to adjustments in the respondent universe associated with state solid
waste management plan activities. The most recently approved ICR
overestimated the number of states that would voluntarily update their
overall solid waste program by submitting to EPA a solid waste
management plan for CCR for approval. The revision to the burden
estimates for the solid waste management plan activity exceeded the
burden estimates associated with the new state CCR permit program
approval activity, which resulted in an overall decrease in burden
hours.
Dated: August 8, 2017.
Barnes Johnson,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2017-17268 Filed 8-15-17; 8:45 am]
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