OMB files this comment in accordance with 5 CFR 1320.11( c ). This OMB action is not
an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. OMB is withholding approval at this time. Prior to publication of the final rule, the agency should provide a summary of any comments related to the information collection and their response, including any changes made to the ICR as a result of comments. In addition, the agency must enter the correct burden estimates. This action has no effect on any current approvals.
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Under the authority of the Resource Conservation and Recovery Act (RCRA), the U.S. Environmental Protection Agency (EPA) is proposing a conditional exemption from the definition of hazardous waste for carbon dioxide (CO2) streams that are captured, stored, transported, and injected into a well subject to the requirements for Class VI Underground Injection Control (UIC) wells, including the requirements in 40 CFR Parts 144 and 146 of the Underground Injection Control Program of the Safe Drinking Water Act. The exemption would only apply to the CO2 stream itself (as defined in 40 CFR 146.81(d)), and would not apply to hazardous wastes that are mixed with, or are otherwise co-injected with, CO2 streams. The exemption would be codified at 40 CFR 261.4(h).
This ICR is an amendment ICR. When the rule is finalized, the ICR will amend the "Identification, Listing, and Rulemaking Petitions" ICR 1189 (ie, the 'base' ICR covering 40 CFR Part 261 paperwork requirements). ICR 1189 expires in January 2012.
US Code:
42 USC 6921
Name of Law: Resource Conservation and Recovery Act
The proposed rule would set forth a conditional exemption from the definition of hazardous waste for carbon dioxide (CO2) streams that are captured, stored, transported, and injected into a well subject to the requirements for Class VI Underground Injection Control (UIC) wells as specified. The exemption would include minimal paperwork requirements necessary to hold claimants accountable for complying with the conditions. The rule would require generators and owner/operators of Class VI UIC wells who claim the exemption to prepare a signed certification statement, keep it on site for three years, renew it annually, and provide it to EPA if requested. These requirements would result in a small incremental burden to respondents.
EPA is taking this action to support its efforts to encourage the use of carbon capture and sequestration technologies to reduce the levels of greenhouse gases emitted to the atmosphere. In effect, the proposed exemption is necessary for clarifying the status of the captured CO2 stream under RCRA and encouraging the capture and sequestration of CO2 in Class VI wells.
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:
(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;
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.
2421ss01.doc
Part 2 of 2: State, Local or Tribal Governments