Coal Combustion Residuals Generated by Commercial Electric Power Producers (Proposed Rule)

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
1189ss22.doc	Supporting Statement A	Uploaded 2010-05-24	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
41681	Existing Regulations - Private Facilities		Modified
193328	Coal Combustion Residuals - State Governments (Annual Costs)		New
193327	Coal Combustion Residuals - State Governments (One-Time Costs)		New
193326	Coal Combustion Residuals - Private Sector (Annual Costs)		New
193325	Coal Combustion Residuals - Private Sector (One-Time Costs)		New

ICR Details

OMB Control No: 2050-0053	ICR Reference No: 201006-2050-003
Status: Historical Inactive	Previous ICR Reference No: 200807-2050-001
Agency/Subagency: EPA/OLEM	Agency Tracking No: 1189.22
Title: Coal Combustion Residuals Generated by Commercial Electric Power Producers (Proposed Rule)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 09/20/2010
	Date Received in OIRA: 06/21/2010
Terms of Clearance: Terms of the previous clearance remain in effect. In accordance with 5 CFR 1320, OMB is not approving the information collection at this time. Prior to publication of the final rule, the agency must submit to OMB a summary of all comments received on the information collection and any changes made in response to these comments.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2012	07/31/2011	06/30/2012
Responses	2,603	0	2,603
Time Burden (Hours)	73,787	0	73,787
Cost Burden (Dollars)	9,239,315	0	9,239,315

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Abstract: EPA is proposing to regulate for the first time, coal combustion residuals (CCRs) under the Resource Conservation and Recovery Act (RCRA) to address the risks from the disposal of CCRs generated from the combustion of coal at electric utilities and independent power producers. However, EPA is considering two options in the May 2010 proposed rule and, thus, is co-proposing two alternative regulations. Under the first option, EPA would reverse its August 1993 and May 2000 Bevill Regulatory Determinations regarding coal combustion residuals (CCRs) and list these residuals as special wastes subject to regulation under subtitle C of RCRA, when they are destined for disposal in landfills or surface impoundments. Under the second option, EPA would leave the Bevill determination in place and regulate disposal of such materials under subtitle D of RCRA by issuing national minimum criteria. Under both options EPA is proposing to establish dam safety requirements to address the structural integrity of surface impoundments to prevent catastrophic releases.

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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-AG15	Proposed rulemaking	75 FR 35021	06/21/2010

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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: 5

table that charts list of burden

IC Title	Form No.	Form Name
Coal Combustion Residuals - Private Sector (One-Time Costs)
Coal Combustion Residuals - Private Sector (Annual Costs)
Coal Combustion Residuals - State Governments (One-Time Costs)
Coal Combustion Residuals - State Governments (Annual Costs)
Existing Regulations - Private Facilities

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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: EPA is proposing to regulate for the first time, coal combustion residuals (CCRs) under the Resource Conservation and Recovery Act (RCRA) to address the risks from the disposal of CCRs generated from the combustion of coal at electric utilities and independent power producers.

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Annual Cost to Federal Government: $530,585

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]? No

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)? 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: 06/21/2010

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