CERCLA 104(e) Letters for Coal Combustion Waste at Electric Utilities (New)

Forms and Documents

Document Name	Status
2350ss01 v2.doc Supporting Statement A	2009-03-05

IC Document Collections

IC ID	Document Title	Status
188235	Coal Combustion Waste Impoundments - Corporate HQ Responses Other-CERCLA 104(e) Letter	New
188119	Coal Combustion Waste Impoundments - Facility Responses Other-CERCLA 104(e) Letter	New

ICR Details

OMB Control No: 2050-0199	ICR Reference No: 200902-2050-001
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: EPA/OLEM	Agency Tracking No: 2350.01
Title: CERCLA 104(e) Letters for Coal Combustion Waste at Electric Utilities (New)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 02/20/2009
OIRA Conclusion Action: Approved with change	Conclusion Date: 03/05/2009
	Date Received in OIRA: 02/19/2009
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2009	6 Months From Approved
Responses	302	0	0
Time Burden (Hours)	2,404	0	0
Cost Burden (Dollars)	0	0	0

---

Abstract: EPA's Office of Solid Waste and Emergncy Response is requesting an emergency review and approval of an information collection request letter to be issued under the authority of CERCLA to owners /operators of impoundments (or other diked or bermed units management units which receive liquid-borne material )used for the storage or disposal of coal combustion waste at electric utilities. This infomration is urgently needed to assess whether corrective measures are needed to protect public health, safety, and the environment.

Emergency Justfication: In this information collection request, the Office of Solid Waste and Emergency Response (OSWER) seeks approval to require owners/operators of management units that contain coal combustion residues or by-products and that are located at electric utilities that burn coal to submit information to the U.S. Environmental Protection Agency (EPA) in order to assist the Agency in the assessment of the structural stability of such units. This is a time- critical assessment; the information is urgently needed to determine if and where corrective measures are required to protect further harm to the public health and the environment. Through these assessments and corrective measures at the units, as appropriate, EPA seeks to prevent another catastrophic failure, such at the one which occurred at the Tennessee Valley Authority's Kingston, Tennessee facility in December 2008.

---

Authorizing Statute(s): US Code: 42 USC 9604(e) Name of Law: Comprehensive Environmental Response, Compensation, and Liability Act
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Coal Combustion Waste Impoundments - Facility Responses
Coal Combustion Waste Impoundments - Corporate HQ Responses

---

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	302	0	0	302	0	0
Annual Time Burden (Hours)	2,404	0	0	2,404	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This burden increase is for a new one-time collection of information to determine if and where corrective measures are required to protect further harm to the public health and the environment from management units that contain coal combustion residues or by-products and that are located at electric utilities that burn coal.

---

Annual Cost to Federal Government: $5,990

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

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: 02/19/2009

---