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.
Inventory as of this Action
Requested
Previously Approved
36 Months From Approved
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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