1189ss25 Rev 6-29-2015

This Information Collection Request (ICR) is entitled “Disposal of Coal Combustion Residuals from Electric Utilities (Final Rule),” EPA ICR Number 1189.25, OMB Control Number 2050-0053.

1(b) CHARACTERIZATION OF THE INFORMATION COLLECTION

The U.S. Environmental Protection Agency (EPA) published a final rule to regulate the disposal of coal combustion residuals (CCR) from electric utilities as solid waste under Subtitle D of the Resource Conservation and Recovery Act (RCRA). See 80 Fed. Reg. 21302 (April 17, 2015). EPA established national minimum criteria for existing and new CCR landfills and existing and new CCR surface impoundments and all lateral expansions that include location restrictions, design and operating criteria, groundwater monitoring and corrective action, closure requirements and post-closure care, and recordkeeping, notification, and internet posting requirements.

The rule requires any existing unlined CCR surface impoundment that is contaminating groundwater above a regulated constituent’s groundwater protection standard to stop receiving CCR and either retrofit or close, except in limited circumstances. The rule also requires the closure of any CCR landfill or CCR surface impoundment that cannot meet the applicable performance criteria for location restrictions or structural integrity established in this rule. CCR surface impoundments that are no longer receiving CCR as of the effective date of the rule, but still contain water and CCR, will be subject to all applicable regulatory requirements, unless the owner or operator of the facility closes the inactive unit (e.g., the impoundment is closed with a final cover system) no later than three years from the effective date of the rule.

This rule applies to all CCRs generated by electric utilities and independent power producers that fall within the North American Industry Classification system (NAICS) code 221112 and may affect the following entities: electric utility facilities and independent power producers that fall under the NAICS code 221112. Specifically, the final rule applies to owners and operators of new and existing landfills and new and existing surface impoundments, including all lateral expansions of landfills and surface impoundments that dispose or otherwise engage in solid waste management of CCRs generated from the combustion of coal at electric utilities and independent power producers. These requirements also apply to CCR units located off-site of the electric utilities’ or independent power producers’ facilities that receive CCR for disposal. In addition, the rule applies to certain inactive CCR surface impoundments (i.e., units not receiving CCR after the effective date of the rule) at active electric utilities’ or independent power producers’ facilities, regardless of the fuel currently used at the facility to produce electricity (e.g., coal, natural gas, oil), if the CCR unit still contains CCR and liquids.

The rule does not apply to: (1) CCR landfills that ceased receiving CCRs prior to the effective date of the rule; (2) CCR units at facilities that have ceased producing electricity (or electricity and other thermal energy) prior to the effective date of the rule; (3) CCRs generated at facilities that are not part of an electric utility or independent power producer, such as manufacturing facilities, universities, and hospitals; (4) fly ash, bottom ash, boiler slag, and flue gas desulfurization materials, generated primarily from the combustion of fuels (including other fossil fuels) other than coal, for the purpose of generating electricity unless the fuel burned consists of more than fifty percent coal on a total heat input or mass input basis, whichever results in the greater mass feed rate of coal; (5) CCRs that are beneficially used; (6) CCR placement at active or abandoned underground or surface coal mines; or (7) municipal solid waste landfills that receive CCRs.

This ICR describes the new information collection requirements imposed by the final rule. Sections 1 through 5 of this document describe the information collection requirements covered in this ICR (e.g., in regard to need and use of the information collected). Section 6 estimates the annual hour and cost burden to respondents and the Agency under these requirements.

2. NEED FOR AND USE OF THE COLLECTION

2(a) NEED AND AUTHORITY FOR THE COLLECTION

Under the final rule, EPA is regulating the disposal of CCR generated by electric utilities as solid waste under RCRA Subtitle D and finalizing national minimum criteria for existing and new CCR landfills and existing and new CCR surface impoundments and all lateral expansions. These regulations are established under the authority of sections 1006(b), 1008(a), 2002(a), 3001, 4004, and 4005(a) of the Solid Waste Disposal Act of 1970, as amended by the Resource Conservation and Recovery Act of 1976 (RCRA), as amended by the Hazardous and Solid Waste Amendments of 1984 (HSWA), 42 U.S.C. §§ 6906(b), 6907(a), 6912(a), 6944 and 6945(a).

To address concerns about the absence of adequate regulatory oversight under Subtitle D, EPA has sought to enhance the protectiveness of the regulatory requirements by providing for state and public notifications of the third party certifications, as well as requiring a robust set of other information that documents the decisions made or actions taken to comply with the technical requirements of the rule.

The combined mechanisms of recordkeeping, notifications, and maintaining a publicly accessible internet site under the final rule are needed to provide interested parties with the information necessary to determine whether the owner or operator is operating in accordance with the requirements of the rule. These requirements will minimize the danger of owners or operators abusing the self-implementing system established in this rule, through increased transparency that will facilitate enforcement by states and private citizens. EPA has consolidated the recordkeeping, notification and internet posting requirements into a single section of the regulations in an effort to make the regulations easier to follow. See 40 CFR §§ 257.105, 257.106, and 257.107.

2(b) PRACTICAL UTILITY AND USERS OF THE DATA

Under this rule, owners or operators of CCR units are required to document how the various provisions of the rule have been met by placing information (e.g., demonstrations, plans, records, notifications, and reports) in the operating record and providing notification of these actions to the state and/or appropriate Tribal authority. The owner or operator is also required to establish and maintain a publicly accessible internet site that posts documentation that has, in many instances, also been entered into the operating record. The owner or operator must place files documenting compliance with the location restrictions; design criteria; operating criteria; groundwater monitoring and corrective action; closure and post-closure care, into the operating record, with the specific documentation requirements found in 40 CFR 257.105. Each file must be maintained in the operating record for a period of at least five years following submittal of the file into the operating record. In certain instances, however, files must be maintained until the CCR unit complete closure.

Owners or operators are required to notify State Directors and/or the appropriate Tribal authority when specific documentation has been placed in the operating record and on the owner or operator’s publicly accessible web site. In most instances these notifications must be certified by a qualified professional engineer and, in certain instances will be accompanied with additional information and or data supporting the notification. Notification requirements have been consolidated in 40 CFR 257.106, and are required for location criteria, design criteria, operating criteria, groundwater monitoring and corrective action and closure and post-closure care.

Owners and operators are required to establish and maintain a publicly accessible internet site, titled “CCR Rule Compliance Data and Information.” Owners or operators that maintain multiple CCR units may elect to use one internet site in order to comply with these requirements, provided that the website clearly and distinctly identifies information from each of the CCR units by name and location. Internet postings are required for various elements identified in the following sections: location restrictions; design criteria; operating criteria; groundwater monitoring and corrective action; closure and post-closure care. Information posted to the internet site must be available for a period no less than five years from the initial posting date, unless otherwise noted in the rule. Posting of information must be completed no later than 30 days from submittal of the information to the operating record.

EPA believes that these requirements will enhance the protectiveness of the rule by providing for state and public notifications of the third party certifications, as well as requiring a robust set of other information that documents the decisions made or actions taken to comply with the technical requirements of the rule. Further, EPA believes that the establishment and maintenance of this information in both the operating record and on a publicly accessible internet site is appropriate so as to allow states and citizens access to all of the information necessary to show that the rule has been implemented in accordance with the regulatory requirements. EPA has consolidated the recordkeeping and notification requirements into a comprehensive listing in a single section of the regulations. See 40 CFR §§ 257.105 and 257.106, respectively. The Agency anticipates that this will facilitate compliance, and will provide other interested parties with an easy to read guide to the reporting provisions of the rule.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a) NONDUPLICATION

The new recordkeeping requirements under the final rule are not duplicative with any information required by the existing Federal RCRA regulations.

3(b) PUBLIC NOTICE

EPA has provided multiple public notices and solicited public comment on this rulemaking since 2010, including proposed rules, public hearings, and Notices of Data Availability (NODAs).

EPA submitted ICR, “Coal Combustion Residuals Generated by Commercial Electric Power Producers (Proposed Rule)” on 6/21/2010 under EPA ICR number 1189.22, OMB control number 2050-0053. On 9/20/2010, OMB filed comment on proposed rule and continue.

The Agency solicited comments on the regulation of CCR under RCRA in a proposed rule published in the Federal Register on June 21, 2010 (75 FR 35127). EPA also conducted a series of eight public hearings during the months of August, September, and October in 2010 to solicit comment on the proposed rule.

In addition, EPA published three Notices of Data Availability (NODAs):

The first NODA (NODA 1) on October 21, 2010, (75 FR 64974) announced and invited comment on the responses EPA received on Information Collection Requests that were sent to electric utilities on their CCR surface impoundments, as well as reports and materials related to the site assessments EPA had conducted on a subset of these impoundments.

The second NODA (NODA 2) on October 12, 2011 (76 FR 63252) announced and invited comment on a number of topics, including (1) Chemical constituent data from coal combustion residuals; (2) Facility and waste management unit data; (3) Information on additional alleged damage cases; (4) The adequacy of state programs; and (5) Beneficial use.

The third NODA (NODA 3) on August 2, 2013 (78 FR 46940) announced and invited comment on (1) Supplemental data for the risk assessment; (2) Supplemental data for the regulatory impact analysis (RIA); (3) Information regarding large scale fill; and (4) Data on the surface impoundment structural integrity assessments. EPA also sought comment on two technical issues associated with the requirements for CCR management units: closure requirements and regulation of overfills (i.e., CCR management units built directly over pre-existing CCR landfills or CCR surface impoundments).

On June 7, 2013 (78 FR 34432), EPA proposed a regulation that would strengthen the controls on discharges from certain steam electric power plants by revising the technology-based effluent limitation guidelines (ELG) and standards for the steam electric power generating point source category. As part of this proposal, EPA solicited comments on the discussion of its current thinking about how a final RCRA CCR rule might be aligned and structured to account for any final requirements adopted under the ELGs for the Steam Electric Power Generating point source category.

EPA reviewed the public comments received from these public notices and addressed comments in finalizing the rule and supporting documents, as appropriate.

3(c) CONSULTATIONS

During the development of this rule, the Agency consulted with State and local agencies, individual electric utility companies and independent power producers, industry trade organizations, and environmental groups. The consequent burden that would be imposed by specific requirements in the rule was discussed as part of these meetings, especially those meetings with industry stakeholders. One significant issue EPA sought input from stakeholders was how to enhance the protectiveness of the proposed RCRA subtitle D standards due to the Agency’s lack of authority to require a state permit program or to oversee state programs. In response to this issue, the Agency proposed to provide for state and public notifications of all third party certifications, as well as other information that documents the decisions made or actions taken to comply with the proposed rule’s requirement. Several meetings with stakeholders were held in the period leading up to the proposed rule, and public comments received from stakeholders were considered in the development of the final rule published on April 17, 2015. In addition, during the comment period of the proposed rule, EPA conducted eight public hearings in 2010. During these public hearings more than 1300 individual speakers provided comments on the proposed rule. EPA encouraged participants to submit formal comments in response to the public notices described in Section 3(b). All public comments received from these public hearings were considered in the development of the final rule.

3(d) EFFECTS OF LESS FREQUENT COLLECTION

EPA has carefully considered the information collection burden imposed by the final rule. EPA is confident that those activities required of respondents are necessary, and to the extent possible, the Agency has attempted to minimize the burden imposed. EPA believes that, if the minimum information collection requirements of the final rule are not met, it will not be possible to ensure compliance with the requirements of the final rule.

3(e) GENERAL GUIDELINES

This ICR adheres to the guidelines stated in the Paperwork Reduction Act of 1995, OMB’s implementing regulations, applicable OMB guidance, and EPA’s ICR Handbook. In addition, this information collection complies with EPA’s Data Standards and Information Quality Guidelines.

3(f) CONFIDENTIALITY

None of the information collection requirements covered in this ICR requires the disclosure of confidential business information.

EPA believes that the recordkeeping, notification, and internet posting requirements under the final rule are necessary as a mechanism for States and citizens to monitor the situation of CCR units, such as when groundwater monitoring shows evidence of potential contamination, so that they can determine when intervention is appropriate. The “transparency” requirements under the final rule serve as a key component by ensuring that the entities primarily responsible for enforcing the requirements have access to the information necessary to determine whether enforcement is warranted.

3(g) SENSITIVE QUESTIONS

No questions of a sensitive nature are included in any of the information collection requirements covered in this ICR.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) RESPONDENTS AND NAICS CODES

The information collection requirements covered in this ICR may affect electric utility facilities and independent power producers that fall under the North American Industry Classification System (NAICS) code 221112.

4(b) INFORMATION REQUESTED

Beneficial Use of CCR

Under 40 CFR 257.53, beneficial use of CCR means the CCR meet all of the following conditions: (1) the CCR must provide a functional benefit; (2) the CCR must substitute for the use of a virgin material, conserving natural resources that would otherwise need to be obtained through practices, such as extraction; (3) the use of the CCR must meet relevant product specifications, regulatory standards or design standards when available, and when such standards are not available, CCR are not used in excess quantities; and (4) when unencapsulated use of CCR involving placement on the land of 12,400 tons or more in non-roadway applications, the user must demonstrate and keep records, and provide such documentation upon request, that environmental releases to ground water, surface water, soil and air are comparable to or lower than those from analogous products made without CCR, or that environmental releases to ground water, surface water, soil and air will be at or below relevant regulatory and health-based benchmarks for human and ecological receptors during use.

Respondent Activities:

Beneficial users of CCR must perform the following activities:

Prepare and keep demonstration required under 40 CFR 257.53.

Location Restrictions

Placement above the Uppermost Aquifer

Under 40 CFR 257.60, new CCR landfills, existing and new CCR surface impoundments, and all lateral expansions of CCR landfills and CCR surface impoundments must be constructed with a base that is located no less than 1.52 meters (five feet) above the upper limit of the uppermost aquifer, or to demonstrate that there will not be an intermittent, recurring, or sustained hydraulic connection between any portion of the base of the CCR unit and the uppermost aquifer due to normal fluctuations in groundwater elevations (including the seasonal high water table). The owner or operator must demonstrate by the dates specified in 40 CFR 257.60(c) that the CCR unit meets the minimum requirements for placement above the uppermost aquifer.

In addition, the owner or operator of the CCR unit must comply with the recordkeeping requirements specified in 40 CFR 257.105(e), the notification requirements specified in 40 CFR 257.106(e), and the internet requirements specified in 40 CFR 257.107(e). These requirements are covered under “Recordkeeping, Notification, and Posting of Information to the Internet.”

Respondent Activities:

Owners and operators must perform the following activities:

Prepare demonstration required under 40 CFR 257.60(a).

Obtain certification required under 40 CFR 257.60(b).

Wetlands

Under 40 CFR 257.61, new CCR landfills, existing and new CCR surface impoundments, and all lateral expansions of CCR landfills and CCR surface impoundments must not be located in wetlands, as defined in 40 CFR 232.2, unless the owner or operator demonstrates by the dates specified in 40 CFR 257.61(c) that the CCR unit meets the requirements of 40 CFR 257.61(a)(1) through (a)(5).

In addition, the owner or operator must comply with the recordkeeping requirements specified in 40 CFR 257.105(e), the notification requirements specified in 40 CFR 257.106(e), and the internet requirements specified in 40 CFR 257.107(e). These requirements are covered under “Recordkeeping, Notification, and Posting of Information to the Internet.”

Respondent Activities:

Owners and operators must perform the following activities:

Prepare demonstration required under 40 CFR 257.61(a).

Obtain certification required under 40 CFR 257.61(b).

Fault Areas

Under 40 CFR 257.62, new CCR landfills, existing and new CCR surface impoundments, and all lateral expansions of CCR landfills and CCR surface impoundments must not be located within 60 meters (200 feet) of the outermost damage zone of a fault that has had displacement in Holocene time unless the owner or operator demonstrates by the dates specified in 40 CFR 257.62(c) that an alternative setback distance of less than 60 meters (200 feet) will prevent damage to the structural integrity of the CCR unit.

Respondent Activities:

Owners and operators must perform the following activities:

Prepare demonstration required under 40 CFR 257.62(a).

Obtain certification required under 40 CFR 257.62(b).

Seismic Impact Zones

Under 40 CFR 257.63, new CCR landfills, existing and new CCR surface impoundments, and all lateral expansions of CCR landfills and CCR surface impoundments must not be located in seismic impact zones unless the owner or operator demonstrates by the dates specified in 40 CFR 257.63(c) that all structural components including liners, leachate collection and removal systems, and surface water control systems, are designed to resist the maximum horizontal acceleration in lithified earth material for the site.

Respondent Activities:

Owners and operators must perform the following activities:

Prepare demonstration required under 40 CFR 257.63(a).

Obtain certification required under 40 CFR 257.63(b).

Unstable Areas

Under 40 CFR 257.64, an existing or new CCR landfill, existing or new CCR surface impoundment, or any lateral expansion of a CCR landfill or CCR surface impoundment must not be located in an unstable area unless the owner or operator demonstrates by the dates specified in 40 CFR 257.64(d) that recognized and generally accepted good engineering practices have been incorporated into the design of the CCR unit to ensure that the integrity of the structural components of the CCR unit will not be disrupted. The owner or operator must consider all of the factors at 40 CFR 257.64(b), at a minimum, when determining whether an area is unstable.

Respondent Activities:

Owners and operators must perform the following activities:

Prepare demonstration required under 40 CFR 257.64(a).

Obtain certification required under 40 CFR 257.64(c).

Design Criteria

Liner Design Criteria for New CCR Landfills and Any Lateral Expansion of a CCR Landfill

Under 40 CFR 257.70, new CCR landfills and any lateral expansion of a CCR landfill must be designed, constructed, operated, and maintained with either a composite liner that meets the requirements of 40 CFR 257.70(b) or an alternative composite liner that meets the requirements in 40 CFR 257.70(c), and a leachate collection and removal system that meets the requirements of 40 CFR 257.70(d).

In addition, the owner or operator of the CCR unit must comply with the recordkeeping requirements specified in 40 CFR 257.105(f), the notification requirements specified in 40 CFR 257.106(f), and the internet requirements specified in 40 CFR 257.107(f). These requirements are covered under “Recordkeeping, Notification, and Posting of Information to the Internet.”

Respondent Activities:

Owners and operators must perform the following activities:

Obtain certification required under 40 CFR 257.70(c)(2).

Obtain certification required under 40 CFR 257.70(e).

Obtain certification required under 40 CFR 257.70(f).

Liner Design Criteria for Existing CCR Surface Impoundments

Under 40 CFR 257.71, the owner or operator of an existing CCR surface impoundment must document whether or not such unit was constructed with any one of the following: (i) a liner consisting of a minimum of two feet of compacted soil with a hydraulic conductivity of no more than 1x10-7 cm/sec; (ii) a composite liner that meets the requirements of 40 CFR 257.70(b); or (iii) an alternative liner that meets the requirements of 40 CFR 257.70(c).

Respondent Activities:

Owners and operators must perform the following activities:

Document liner type under 40 CFR 257.71(a).

Obtain certification required under 40 CFR 257.71(b).

Liner Design Criteria for New CCR Surface Impoundments and Any Lateral Expansion of a CCR Surface Impoundment

Under 40 CFR 257.72, new CCR surface impoundments and lateral expansions of existing and new CCR surface impoundments must be designed, constructed, operated, and maintained with either a composite liner or an alternative composite liner that meets the requirements of 40 CFR 257.70(b) or (c).

Respondent Activities:

Owners and operators must perform the following activities:

Obtain certification required under 40 CFR 257.72(c).

Obtain certification required under 40 CFR 257.72(d).

Structural Integrity Criteria for Existing CCR Surface Impoundments

40 CFR 257.73 provides structural integrity criteria requirements for existing CCR surface impoundments. These requirements include: periodic hazard potential classification assessments, a written Emergency Action Plan (EAP), changes to the history of construction, periodic structural stability assessments, and periodic safety factor assessments.

The requirements of 40 CFR 257.73(a) apply to all existing CCR surface impoundments, except for those existing CCR surface impoundments that are incised CCR units. If an incised CCR surface impoundment is subsequently modified (e.g., a dike is constructed) such that the CCR unit no longer meets the definition of an incised CCR unit, the CCR unit is subject to the requirements of 40 CFR 257.73(a).

Owners and operators of CCR units must comply with the recordkeeping requirements specified in 40 CFR 257.105(f), the notification requirements specified in 40 CFR 257.106(f), and the internet requirements specified in 40 CFR 257.107(f). These requirements are covered under “Recordkeeping, Notification, and Posting of Information to the Internet.”

Respondent Activities:

Owners and operators must perform the following activities:

Place on or immediately adjacent to the CCR unit a permanent identification marker showing the identification number of the CCR unit, as required under 40 CFR 257.73(a)(1).

Document the initial and periodic hazard potential classification assessments of the CCR unit, as required under 40 CFR 257.73(a)(2).

Obtain certification required under 40 CFR 257.73(a)(2)(ii).

Prepare a written EAP, as required under 40 CFR 257.73(a)(3).

Prepare documentation on an annual face-to-face meeting or exercise between representatives of the owner/operator of the CCR unit and the local emergency responders, as required under 40 CFR 257.73(a)(3)(i)(E).

Amend the EAP, as required under 40 CFR 257.73(a)(3)(ii).

Obtain certification required under 40 CFR 257.73(a)(3)(iv)).

Prepare documentation required under 40 CFR 257.73(a)(3)(v).

Compile history of construction required under 40 CFR 257.73(c).

Conduct and document initial and periodic structural stability assessments, s required under 40 CFR 257.73(d).

Prepare action plan required under 40 CFR 257.73(d)(2).

Obtain certification required under 40 CFR 257.73(d)(3).

Conduct and document initial and periodic safety factor assessments for each CCR unit, as required under 40 CFR 257.73(e).

Obtain certification required under 40 CFR 257.73(e)(2).

Structural Integrity Criteria for New CCR Surface Impoundments and Any Lateral Expansion of a CCR Surface Impoundment

40 CFR 257.74 provides structural integrity criteria requirements for new CCR surface impoundments and any lateral expansion of a CCR surface impoundment. These requirements include: periodic hazard potential classification assessments, a written Emergency Action Plan (EAP), design and construction plans, periodic structural stability assessments, and periodic safety factor assessments.

Owners and operators of the CCR unit must comply with the recordkeeping requirements specified in 40 CFR 257.105(f), the notification requirements specified in 40 CFR 257.106(f), and the internet requirements specified in 40 CFR 257.107(f). These requirements are covered under “Recordkeeping, Notification, and Posting of Information to the Internet.”

Respondent Activities:

Owners and operators must perform the following activities:

Place on or immediately adjacent to the CCR unit a permanent identification marker showing the identification number of the CCR unit, as required under 40 CFR 257.74(a)(1).

Document the initial and periodic hazard potential classification assessments of the CCR unit, as required under 40 CFR 257.74(a)(2). .

Obtain certification required under 40 CFR 257.74(a)(2)(ii).

Prepare a written EAP, as required under 40 CFR 257.74(a)(3).

Prepare documentation on an annual face-to-face meeting or exercise between representatives of the owner/operator of the CCR unit and the local emergency responders, as required under 40 CFR 257.74(a)(3)(i)(E).

Amend the EAP, as required under 40 CFR 257.74(a)(3)(ii).

Obtain certification required under 40 CFR 257.74(a)(3)(iv).

Prepare documentation required under 40 CFR 257.74(a)(3)(v).

Compile the design and construction plans for the CCR unit, as required under 40 CFR 257.74(c).

Conduct and document initial and periodic structural stability assessments, as required under 40 CFR 257.74(d).

Prepare action plan required under 40 CFR 257.74(d)(2).

Obtain certification required under 40 CFR 257.74(d)(3).

Conduct and document initial and periodic safety factor assessments for each CCR unit, as required under 40 CFR 257.74(e).

Obtain certification required under 40 CFR 257.74(e)(2).

Operating Criteria

Air Criteria

Under 40 CFR 257.80, the owner or operator of a CCR landfill, CCR surface impoundment, or any lateral expansion of a CCR unit must adopt measures that will effectively minimize CCR from becoming airborne at the facility, including CCR fugitive dust originating from CCR units, roads, and other CCR management and material handling activities.

The owner or operator of the CCR unit must comply with the recordkeeping requirements specified in 40 CFR 257.105(g), the notification requirements specified in 40 CFR 257.106(g), and the internet requirements specified in 40 CFR 257.107(g). These requirements are covered under “Recordkeeping, Notification, and Posting of Information to the Internet.”

Respondent Activities:

Owners and operators must perform the following activities:

Prepare CCR fugitive dust control plan required under 40 CFR 257.80(b).

Amend CCR fugitive dust control plan, as required under 40 CFR 257.80(b)(6).

Obtain certification required under 40 CFR 257.80(b)(7).

Prepare annual CCR fugitive dust control report required under 40 CFR 257.80(c).

Run-On and Run-Off Controls for CCR Landfills

Under 40 CFR 257.81, the owner or operator of an existing or new CCR landfill or any lateral expansion of a CCR landfill must design, construct, operate, and maintain: (1) a run-on control system to prevent flow onto the active portion of the CCR unit during the peak discharge from a 24-hour, 25-year storm; and (2) a run-off control system from the active portion of the CCR unit to collect and control at least the water volume resulting from a 24-hour, 25-year storm. Run-off from the active portion of the CCR unit must be handled in accordance with the surface water requirements under 40 CFR 257.3-3.

Respondent Activities:

Owners and operators must perform the following activities:

Prepare initial and periodic run-on and run-off control system plans required under 40 CFR 257.81(c).

Amend run-on and run-off control system plans, as required under 40 CFR 257.81(c)(2).

Obtain certification required under 40 CFR 257.81(c)(5).

Hydrologic and Hydraulic Capacity Requirements for CCR Surface Impoundments

Under 40 CFR 257.82, the owner or operator of an existing or new CCR surface impoundment or any expansion of a CCR surface impoundment must design, construct, operate, and maintain an inflow design flood control system as specified in 40 CFR 257.82(a)(1) and (a)(2).

The owner or operator of the CCR unit must comply with the recordkeeping requirements specified in 40 CFR 257.105(g), the notification requirements specified in 40 CFR 257.106(g), and the internet requirements specified in CFR 257.107(g). These requirements are covered under “Recordkeeping, Notification, and Posting of Information to the Internet.”

Respondent Activities:

Owners and operators must perform the following activities:

Prepare initial and periodic inflow design flood control system plans required under 40 CFR 257.82(c).

Amend the inflow design flood control system plan, as required under 40 CFR 257.82(c)(2).

Obtain certification required under 40 CFR 257.82(c)(5).

Inspection Requirements for CCR Surface Impoundments

Under 40 CFR 257.83, all CCR surface impoundments and any lateral expansion of a CCR surface impoundment must be inspected.

Respondent Activities:

Owners and operators must perform the following activities:

Conduct inspections required under 40 CFR 257.83(a).

Conduct inspections required under 40 CFR 257.83(b)(1)).

Develop inspection report required under 40 CFR 257.83(b)(2).

Develop and implement action plan to remedy structural weakness or disrupting condition, as required under 40 CFR 257.83(b)(5).

Inspection Requirements for CCR Landfills

Under 40 CFR 257.84, all CCR landfills must be inspected.

Respondent Activities:

Owners and operators must perform the following activities:

Conduct inspections required under 40 CFR 257.84(a).

Conduct inspections required under 40 CFR 257.84(b)(1).

Develop inspection report required under 40 CFR 257.84(b)(2).

Develop and implement action plan to remedy structural weakness or disrupting condition, as required under 40 CFR 257.84(b)(5).

Groundwater Monitoring and Corrective Action

Applicability

Except as provided for in 40 CFR 257.100 for inactive CCR surface impoundments, all CCR landfills, CCR surface impoundments, and lateral expansions of CCR units are subject to the groundwater monitoring and corrective action requirements under 40 CFR 257.90 through 257.98.

The owner or operator of the CCR unit must comply with the recordkeeping requirements specified in 40 CFR 257.105(h), the notification requirements specified in 40 CFR 257.106(h), and the internet requirements specified in 40 CFR 257.107(h). These requirements are covered under “Recordkeeping, Notification, and Posting of Information to the Internet.”

Respondent Activities:

Owners and operators must perform the following activities:

Develop annual groundwater monitoring and corrective action report required under 40 CFR 257.90(e).

Groundwater Monitoring Systems

Owners and operators of CCR units must install a groundwater monitoring system.

Respondent Activities:

Owners and operators must perform the following activities:

Document and include in the operating record the design, installation, development, and decommissioning of any monitoring wells, piezometers and other measurement, sampling, and analytical devices, as required under 40 CFR 257.91(e)(1).

Obtain certification required under 40 CFR 257.91(f).

Groundwater Sampling and Analysis Requirements

Under 40 CFR 257.93, the groundwater monitoring program must include consistent sampling and analysis procedures that are designed to ensure monitoring results that provide an accurate representation of groundwater quality at the background and downgradient wells required by 40 CFR 257.91.

Respondent Activities:

Owners and operators must perform the following activities:

Develop sampling and analysis program.

Obtain certification required under 40 CFR 257.93(f)(6).

Detection Monitoring Program

Owners and operators of a CCR unit must conduct detection monitoring at all groundwater monitoring wells consistent with 40 CFR 257.94.

Respondent Activities:

Owners and operators must perform the following activities:

Prepare demonstration required under 40 CFR 257.94(d)(1)-(2).

Obtain certification required under 40 CFR 257.94(d)(3).

Prepare demonstration required under 40 CFR 257.94(e)(2).

Prepare notification required under 40 CFR 257.94(e)(3).

Assessment Monitoring Program

Pursuant to 40 CFR 257.95, assessment monitoring is required whenever a statistically significant increase over background levels has been detected for one or more of the constituents listed in Appendix III to 40 CFR Part 257.

Respondent Activities:

Owners and operators must perform the following activities:

Prepare demonstration required under 40 CFR 257.95(c)(1)-(2).

Obtain certification required under 40 CFR 257.95(c)(3).

Compile results of the Appendix III and Appendix IV constituent concentrations required under 40 CFR 257.95(d)(1).

Prepare notification required under 40 CFR 257.95(e).

Prepare notification required under 40 CFR 257.95(g).

Prepare notification required under 40 CFR 257.95(g)(2).

Prepare demonstration required under 40 CFR 257.95(g)(3)(ii).

Develop report that includes the factual or evidentiary basis for any conclusions in the demonstration required under 40 CFR 257.95(g)(3)(ii).

Obtain certification required under 40 CFR 257.95(g)(3)(ii).

Prepare notification required under 40 CFR 257.95(g)(5).

Assessment of Corrective Measures

40 CFR 257.96 identifies the requirements for the assessment of corrective measures.

Respondent Activities:

Owners and operators must perform the following activities:

Prepare demonstration required under 40 CFR 257.96(a).

Obtain certification required under 40 CFR 257.96(a).

Complete assessment of corrective measures required under 40 CFR 257.96(d).

Discuss the results of the corrective measures assessment prior to the selection of remedy in a public meeting with interested and affected parties, as required under 40 CFR 257.96(e)..

Selection of Remedy

Based on the results of the corrective measures assessment conducted under 40 CFR 257.96, the owner or operator of the CCR unit must select a remedy that, at a minimum, meets the standards listed in 40 CFR 257.97(b).

Respondent Activities:

Owners and operators must perform the following activities:

Prepare semi-annual report describing the progress in selecting and designing the remedy.

Prepare report on selected remedy.

Obtain certification required under 40 CFR 257.97(a).

Implementation of the Corrective Action Program

40 CFR 257.98 identifies the requirements for implementation of the Corrective Action Program.

Respondent Activities:

Owners and operators must perform the following activities:

Prepare notification required under 40 CFR 257.98(e).

Obtain certification required under 40 CFR 257.98(e).

Closure and Post-Closure Care

Inactive CCR Surface Impoundments

Except as provided by 40 CFR 257.100(b), inactive CCR surface impoundments are subject to all of the requirements of 40 CFR Part 257, Subpart D applicable to existing CCR surface impoundments.

The owner or operator of the CCR unit must comply with the recordkeeping requirements specified in 40 CFR 257.105(i), the notification requirements specified in 40 CFR 257.106(i), and the internet requirements specified in 40 CFR 257.107(i). These requirements are covered under “Recordkeeping, Notification, and Posting of Information to the Internet.”

Respondent Activities:

Owners and operators must perform the following activities:

Obtain certification required under 40 CFR 257.100(b)(6).

Prepare notification required under 40 CFR 257.100(c)(1).

Prepare periodic progress reports.

Prepare notification required under 40 CFR 257.100(c)(3).

Closure or Retrofit of CCR Landfills and CCR Surface Impoundments

40 CFR 257.101 identifies the requirements for the closure or retrofit of CCR landfills and CCR surface impoundments for cause.

Respondent Activities:

Owners and operators must perform the following activities:

Include statement in the notification required under 40 CFR 257.102(g) that the CCR surface impoundment is closing or retrofitting under the requirements of 40 CFR 257.101(a)(1), as required under 40 CFR 257.101(a)(2).

Include statement in the notification required under 40 CFR 257.102(g) that the CCR surface impoundment is closing under the requirements of 40 CFR 257.101(b)(1) or (b)(2), as required under 40 CFR 257.101(b)(3).

Include statement in the notification required under 40 CFR 257.102(g) that the CCR surface impoundment is closing under the requirements of 40 CFR 257.101(c)(1), as required under 40 CFR 257.101(c)(2).

Include statement in the notification required under 40 CFR 257.102(g) that the CCR landfill is closing under the requirements of 40 CFR 257.101(d)(1), as required under 40 CFR 257.101(d)(2).

Criteria for Conducting Closure or Retrofit of CCR Landfills and CCR Surface Impoundments

40 CFR 257.102 identifies the requirements for conducting closure of CCR landfills and CCR surface impoundments.

Respondent Activities:

Owners and operators must perform the following activities:

Prepare written closure plan required under 40 CFR 257.102(b).

Amend written closure plan required under 40 CFR 257.102(b)(3).

Obtain certification required under 40 CFR 257.102(b)(4).

Obtain certification required under 40 CFR 257.102(d)(3)(iii).

Provide written documentation that the CCR unit will continue to accept wastes or will start removing CCR for the purpose of beneficial use, as required under 40 CFR 257.102(e)(2)(ii).

Prepare demonstration required under 40 CFR 257.102(f)(2).

Obtain certification required under 40 CFR 257.102(f)(3).

Prepare notification required under 40 CFR 257.102(g).

Prepare notification required under 40 CFR 257.102(h).

Obtain certification required under 40 CFR 257.102(h).

Prepare notification required under 40 CFR 257.102(i).

Prepare written retrofit plan required under 40 CFR 257.102(k)(2).

Prepare notification required under 40 CFR 257.102(k)(5).

Prepare notification required under 40 CFR 257.102(k)(6).

Alternative Closure Requirements

Per 40 CFR 257.103, the owner or operator of a CCR landfill, CCR surface impoundment, or any lateral expansion of a CCR landfill or CCR surface impoundment that is subject to closure or retrofit pursuant to 40 CFR 257.101(a), (b)(1), or (d) may continue to receive CCR in the unit provided the owner or operator meets the requirements of either 40 CFR 257.103(a) or (b).

Respondent Activities:

Owners and operators must perform the following activities:

Obtain certification required under 40 CFR 257.103(a)(1).

Document that there is no alternative CCR disposal capacity.

Obtain certification required under 40 CFR 257.103(b)(1).

Document the permanent cessation of a coal-fired boiler(s) by a certain date.

Prepare notification required under 40 CFR 257.103(c)(1).

Prepare periodic progress reports required by 40 CFR 257.103(a)(1)(iii) or (b)(1)(iii),

Prepare notification required under 40 CFR 257.103(c)(3).

Post-Closure Care Requirements

Except as provided by either 40 CFR 257.104(a)(2) or (a)(3), 40 CFR 257.104 applies to the owners or operators of CCR landfills, CCR surface impoundments, and all lateral expansions of CCR landfills and CCR surface impoundments that are subject to the closure criteria under 40 CFR 257.102.

An owner or operator of a CCR unit that elects to close a CCR unit by removing CCR as provided by 40 CFR 257.102(c) is not subject to the post-closure care criteria under this section. An owner or operator of an inactive CCR surface impoundment that elects to close a CCR unit pursuant to the requirements under 40 CFR 257.100(b) is not subject to the post-closure care criteria under this section.

In addition, the owner or operator of the CCR unit must comply with the recordkeeping requirements specified in 40 CFR 257.105(i), the notification requirements specified in 40 CFR 257.106(i), and the internet requirements specified in 40 CFR 257.107(i). These requirements are covered under “Recordkeeping, Notification, and Posting of Information to the Internet.”

Respondent Activities:

Owners and operators must perform the following activities:

Prepare written post-closure plan required under 40 CFR 257.104(d).

Amend written post-closure plan, as required under 40 CFR 257.104(d)(3).

Obtain certification required under 40 CFR 257.104(d)(4).

Prepare notification required under 40 CFR 257.104(e).

Obtain certification required under 40 CFR 257.104(e).

Recordkeeping, Notification, and Posting of Information to the Internet

Recordkeeping Requirements

40 CFR 257.105 identifies the recordkeeping requirements applicable to owners and operator of CCR units subject to 40 CFR Part 257, Subpart D. Owners and operators must maintain files of all information required by this section in a written operating record at their facility. Unless specified otherwise, each file must be retained for at least five years following the date of each occurrence, measurement, maintenance, corrective action, report, record, or study.

An owner or operator of more than one CCR unit subject to the provisions of 40 CFR Part 257, Subpart D may comply with the requirements of 40 CFR 257.105 in one recordkeeping system provided the system identifies each file by the name of each CCR unit. The files may be maintained on microfilm, on a computer, on computer disks, on a storage system accessible by a computer, on magnetic tape disks, or on microfiche.

The owner or operator of a CCR unit must submit to the State Director and/or appropriate Tribal authority any demonstration or documentation required by 40 CFR Part 257, Subpart D, if requested, when such information is not otherwise available on the owner or operator’s publicly accessible internet site.

Data Items:

Location restrictions

Demonstrations documenting whether or not the CCR unit is in compliance with the requirements under 40 CFR 257.60(a), 257.61(a), 257.62(a), 257.63(a), and 257.64(a). (40 CFR 257.105(e))

Design criteria

The design and construction certifications as required by 40 CFR 257.70(e) and (f). (40 CFR 257.105(f)(1))
The documentation of liner type as required by 40 CFR 257.71(a). (40 CFR 257.105(f)(2))
The design and construction certifications as required by 40 CFR 257.72(c) and (d). (40 CFR 257.105(f)(3))
Documentation prepared by the owner or operator stating that the permanent identification marker was installed as required by 40 CFR 257.73(a)(1) and 257.74(a)(1). (40 CFR 257.105(f)(4))
The initial and periodic hazard potential classification assessments as required by 40 CFR 257.73(a)(2) and 257.74(a)(2). (40 CFR 257.105(f)(5))
The emergency action plan (EAP), and any amendment of the EAP, as required by 40 CFR 257.73(a)(3) and 257.74(a)(3), except that the most recent EAP must be maintained in the facility’s operating record irrespective of the time requirement specified in 40 CFR 257.105(b). (40 CFR 257.105(f)(6))
Documentation prepared by the owner or operator recording the annual face-to-face meeting or exercise between representatives of the owner or operator of the CCR unit and the local emergency responders as required by 40 257.73(a)(3)(i)(E) and 257.74(a)(3)(i)(E). (40 CFR 257.105(f)(7))
Documentation prepared by the owner or operator recording all activations of the emergency action plan as required by 40 CFR 257.73(a)(3)(v) and 257.74(a)(3)(v). (40 CFR 257.105(f)(8))
The history of construction, and any revisions of it, as required by 40 CFR 257.73(c), except that these files must be maintained until the CCR unit completes closure of the unit in accordance with 40 CFR 257.102. (40 CFR 257.105(f)(9))
The initial and periodic structural stability assessments as required by 40 CFR 257.73(d) and 257.74(d). (40 CFR 257.105(f)(10))
The action plan to remedy structural stability deficiencies as required by 40 CFR 257.73(d)(2) and 257.74(d)(2). (40 CFR 257.105(f)(11))
The initial and periodic safety factor assessments as required by 40 CFR 257.73(e) and 257.74(e). (40 CFR 257.105(f)(12))
The design and construction plans, and any revisions of it, as required by 40 CFR 257.74(c), except that these files must be maintained until the CCR unit completes closure of the unit in accordance with 40 CFR 257.102. (40 CFR 257.105(f)(13))

Operating criteria

The CCR fugitive dust control plan, and any subsequent amendment of the plan, required by 40 CFR 257.80(b), except that the most recent control plan must be maintained in the facility’s operating record irrespective of the time requirement specified in 40 CFR 257.105(b). (40 CFR 257.105(g)(1))
The annual CCR fugitive dust control report required by 40 CFR 257.80(c). (40 CFR 257.105(g)(2))
The initial and periodic run-on and run-off control system plans as required by 40 CFR 257.81(c). (40 CFR 257.105(g)(3))
The initial and periodic inflow design flood control system plan as required by 40 CFR 257.82(c). (40 CFR 257.105(g)(4))
Documentation recording the results of each inspection and instrumentation monitoring by a qualified person as required by 40 CFR 257.83(a). (40 CFR 257.105(g)(5))
The periodic inspection report as required by 40 CFR 257.83(b)(2). (40 CFR 257.105(g)(6))
The action plan as required by 40 CFR 257.83(b)(5). (40 CFR 257.105(g)(7))
Documentation recording the results of the weekly inspection by a qualified person as required by 40 CFR 257.84(a). (40 CFR 257.105(g)(8))
The periodic inspection report as required by 40 CFR 257.84(b)(2). (40 CFR 257.105(g)(9))

Groundwater monitoring and corrective action

The annual groundwater monitoring and corrective action report as required by 40 CFR 257.90(e). (40 CFR 257.105(h)(1))
Documentation of the design, installation, development, and decommissioning of any monitoring wells, piezometers and other measurement, sampling, and analytical devices as required by 40 CFR 257.91(e)(1). (40 CFR 257.105(h)(2))
The groundwater monitoring system certification as required by 40 CFR 257.91(f). (40 CFR 257.105(h)(3))
The selection of a statistical method certification as required by 40 CFR 257.93(f)(6). (40 CFR 257.105(h)(4))
Within 30 days of establishing an assessment monitoring program, the notification as required by 40 CFR 257.94(e)(3). (40 CFR 257.105(h)(5))
The results of the Appendix III to this part and Appendix IV to this part constituent concentrations as required by 40 CFR 257.95(d)(1). (40 CFR 257.105(h)(6))
Within 30 days of returning to a detection monitoring program, the notification as required by 40 CFR 257.94(e). (40 CFR 257.105(h)(7))
Within 30 days of detecting one or more constituents in Appendix IV to this part at statistically significant levels above the groundwater protection standard, the notifications as required by 40 CFR 257.94(g) and (g)(2). (40 CFR 257.105(h)(8))
Within 30 days of initiating the assessment of corrective measures requirements, the notification as required by 40 CFR 257.95(g)(5). (40 CFR 257.105(h)(9))
The completed assessment of corrective measures as required by 40 CFR 257.96(d). (40 CFR 257.105(h)(10))
Documentation prepared by the owner or operator recording the public meeting for the corrective measures assessment as required by 40 CFR 257.96(e). (40 CFR 257.105(h)(11))
The semi-annual reports describing the progress in selecting and designing the remedy and the selection of remedy report as required by 40 CFR 257.97(a), except that the selection of remedy report must be maintained until the remedy has been completed. (40 CFR 257.105(h)(12))
Within 30 days of completing the remedy, the notification as required by 40 CFR 257.98(e). (40 CFR 257.105(h)(13))

Closure and post-closure care

The notification of intent to initiate closure of the CCR unit as required by 40 CFR 257.100(c)(1). (40 CFR 257.105(i)(1))
The annual progress reports of closure implementation as required by 40 CFR 257.100(c)(2)(i) and (c)(2)(ii). (40 CFR 257.105(i)(2))
The notification of closure completion as required by 40 CFR 257.100(c)(3). (40 CFR 257.105(i)(3))
The written closure plan, and any amendment of the plan, as required by 40 CFR 257.102(b). (40 CFR 257.105(i)(4))
The written demonstration(s), including the certification required by 40 CFR 257.102(e)(2)(iii), for a time extension for initiating closure as required by 40 CFR 257.102(e)(2)(ii). (40 CFR 257.105(i)(5))
The written demonstration(s), including the certification required by 40 CFR 257.102(f)(2)(iii), for a time extension for completing closure or retrofit as required by 40 CFR 257.102(f)(2)(i). (40 CFR 257.105(i)(6) and (j)(4))
The notification of intent to close a CCR unit as required by 40 CFR 257.102(g). (40 CFR 257.105(i)(7))
The notification of completion of closure of a CCR unit as required by 40 CFR 257.102(h). (40 CFR 257.105(i)(8))
The notification recording a notation on the deed as required by 40 CFR 257.102(i). (40 CFR 257.105(i)(9))
The notification of intent to comply with the alternative closure requirements as required by 40 CFR 257.103(c)(1). (40 CFR 257.105(i)(10))
The annual progress reports under the alternative closure requirements as required by 40 CFR 257.103(c)(2). (40 CFR 257.105(i)(11))
The written post-closure plan, and any amendment of the plan, as required by 40 CFR 257.104(d). (40 CFR 257.105(i)(12))
The notification of completion of post-closure care period as required by 40 CFR 257.104(e). (40 CFR 257.105(i)(13))
The written retrofit plan, and any amendment of the plan, as required by 40 CFR 257.102(k)(2). (40 CFR 257.105(j)(1))
The notification of intent to retrofit a CCR unit as required by 40 CFR 257.102(k)(5). (40 CFR 257.105(j)(5))
The notification of completion of retrofit of a CCR unit as required by 40 CFR 257.102(k)(6). (40 CFR 257.105(j)(6))

Respondent Activities:

Owners and operators must perform the following activities:

Location restrictions

Place the demonstrations required under 40 CFR 257.60(a) in the facility’s operating record.
Place the demonstrations required under 40 CFR 257.61(a) in the facility’s operating record.
Place the demonstrations required under 40 CFR 257.62(a) in the facility’s operating record.
Place the demonstrations required under 40 CFR 257.63(a) in the facility’s operating record.
Place the demonstrations required under 40 CFR 257.64(a) in the facility’s operating record.

Design criteria

Place the certification required under 40 CFR 257.70(e) in the facility’s operating record.
Place the certification required under 40 CFR 257.70(f) in the facility’s operating record.
Place the documentation required under 40 CFR 257.71(a) in the facility’s operating record.
Place the certifications required under 40 CFR 257.72(c) in the facility’s operating record.
Place the certifications required under 40 CFR 257.72(d) in the facility’s operating record.
Place the documentation required under 40 CFR 257.73(a)(1) in the facility’s operating record.
Place the documentation required under 40 CFR 257.74(a)(1) in the facility’s operating record.
Place the initial and periodic hazard potential classification assessments required under 40 CFR 257.73(a)(2) in the facility’s operating record.
Place the initial and periodic hazard potential classification assessments required under 40 CFR 257.74(a)(2) in the facility’s operating record.
Place the EAP, and any amendment of the EAP, required under 40 CFR 257.73(a)(3) in the facility’s operating record.
Place the EAP, and any amendment of the EAP, required under 40 CFR 257.74(a)(3) in the facility’s operating record.
Place documentation required under 40 257.73(a)(3)(i)(E) in the facility’s operating record.
Place documentation required under 40 257.74(a)(3)(i)(E) in the facility’s operating record.
Place documentation required under 40 CFR 257.73(a)(3)(v) in the facility’s operating record.
Place documentation required under 40 CFR 257.74(a)(3)(v) in the facility’s operating record.
Place the history of construction, and any revisions of it, required under 40 CFR257.73(c) in the facility’s operating record.
Place the initial and periodic structural stability assessments required under 40 CFR 257.73(d) in the facility’s operating record.
Place the initial and periodic structural stability assessments required under 40 CFR 257.74(d) in the facility’s operating record.
Place the action plan to remedy structural stability deficiencies required under 40 CFR 257.73(d)(2) in the facility’s operating record.
Place the action plan to remedy structural stability deficiencies required under 40 CFR 257.74(d)(2) in the facility’s operating record.
Place the initial and periodic safety factor assessments required under 40 CFR 257.73(e) in the facility’s operating record.
Place the initial and periodic safety factor assessments required under 40 CFR 257.74(e) in the facility’s operating record.
Place the design and construction plans, and any revisions of it, required under 40 CFR 257.74(c) in the facility’s operating record.

Operating criteria

Place the CCR fugitive dust control plan, and any subsequent amendment of the plan, required under 40 CFR 257.80(b) in the facility’s operating record.
Place the annual CCR fugitive dust control report required under 40 CFR 257.80(c) in the facility’s operating record.
Place the initial and periodic run-on and run-off control system plans required under 40 CFR 257.81(c) in the facility’s operating record.
Place the initial and periodic inflow design flood control system plan required under 40 CFR 257.82(c) in the facility’s operating record.
Place documentation required under 40 CFR 257.83(a) in the facility’s operating record.
Place the periodic inspection report required under 40 CFR 257.83(b)(2) in the facility’s operating record.
Place the action plan required under 40 CFR 257.83(b)(5) in the facility’s operating record.
Place documentation required under 40 CFR 257.84(a) in the facility’s operating record.
Place the periodic inspection report required under 40 CFR 257.84(b)(2) in the facility’s operating record.

Groundwater monitoring and corrective action

Place the annual groundwater monitoring and corrective action report required under 40 CFR 257.90(e) in the facility’s operating record.
Place documentation required under 40 CFR 257.91(e)(1) in the facility’s operating record.
Place the groundwater monitoring system certification required under 40 CFR 257.91(f) in the facility’s operating record.
Place the selection of a statistical method certification required under 40 CFR 257.93(f)(6) in the facility’s operating record.
Place the notification required under 40 CFR 257.94(e)(3) in the facility’s operating record.
Place the documentation required under 40 CFR 257.95(d)(1) in the facility’s operating record.
Place the notification required under 40 CFR 257.94(e) in the facility’s operating record.
Place the notifications required under 40 CFR 257.94(g) and (g)(2) in the facility’s operating record.
Place the notification required under 40 CFR 257.95(g)(5) in the facility’s operating record.
Place the completed assessment of corrective measures required under 40 CFR 257.96(d) in the facility’s operating record.
Place documentation required under 40 CFR 257.96(e) in the facility’s operating record.
Place the semi-annual reports describing the progress in selecting and designing the remedy required under 40 CFR 257.97(a) in the facility’s operating record.
Place the selection of remedy report required under 40 CFR 257.97(a) in the facility’s operating record.
Place the notification required under 40 CFR 257.98(e) in the facility’s operating record.

Closure and post-closure care

Place the notification required under 40 CFR 257.100(c)(1) in the facility’s operating record.
Place the annual progress reports of closure implementation required under 40 CFR 257.100(c)(2)(i) and (c)(2)(ii) in the facility’s operating record.
Place the notification required under 40 CFR 257.100(c)(3) in the facility’s operating record.
Place the written closure plan, and any amendment of the plan, required under 40 CFR 257.102(b) in the facility’s operating record.
Place the written demonstration(s) required under 40 CFR 257.102(e)(2)(ii) in the facility’s operating record.
Place the certification required under 40 CFR 257.102(e)(2)(iii) in the facility’s operating record.
Place the written demonstration(s) required under 40 CFR 257.102(f)(2)(i) in the facility’s operating record.
Place the certification required under 40 CFR 257.102(f)(2)(iii) in the facility’s operating record.
Place the notification required under 40 CFR 257.102(g) in the facility’s operating record.
Place the notification required under 40 CFR 257.102(h) in the facility’s operating record.
Place the notification required under 40 CFR 257.102(i) in the facility’s operating record.
Place the notification required under 40 CFR 257.103(c)(1) in the facility’s operating record.
Place the annual progress reports required under 40 CFR 257.103(c)(2) in the facility’s operating record.
Place the written post-closure plan, and any amendment of the plan, required under 40 CFR 257.104(d) in the facility’s operating record.
Place the notification required under 40 CFR 257.104(e) in the facility’s operating record.
Place the written retrofit plan, and any amendment of the plan, required under 40 CFR 257.102(k)(2) in the facility’s operating record.
Place the notification required under 40 CFR 257.102(k)(5) in the facility’s operating record.
Place the notification required under 40 CFR 257.102(k)(6) in the facility’s operating record.

Notification Requirements

40 CFR 257.106 identifies the notification requirements applicable to owners and operator of CCR units subject to 40 CFR Part 257, Subpart D. Owners and operators must notify the State Director and/or appropriate Tribal authority when information has been placed in the operating record and on the owner or operator’s publicly accessible internet site.

The notifications required 40 CFR 257.106(e) through (i) must be sent to the relevant State Director and/or appropriate Tribal authority before the close of business on the day the notification is required to be completed. For purposes of 40 CFR 257.106, before the close of business means the notification must be postmarked or sent by electronic mail (e-mail). If a notification deadline falls on a weekend or federal holiday, the notification deadline is automatically extended to the next business day.

If any CCR unit is located in its entirety within Indian Country, the notifications of this section must be sent to the appropriate Tribal authority. If any CCR unit is located in part within Indian Country, the notifications of this section must be sent both to the appropriate State Director and Tribal authority.

Notifications may be combined as long as the deadline requirement for each notification is met.

Unless otherwise required in 40 CFR 257.106, the notifications specified in this section must be sent to the State Director and/or appropriate Tribal authority within 30 days of placing in the operating record the information required by 40 CFR 257.105.

Data Items:

Location restrictions

Notification to the State Director and/or appropriate Tribal authority that each demonstration specified under 40 CFR 257.105(e) has been placed in the operating record and on the owner or operator’s publicly accessible internet site). (40 CFR 257.106(e))

Design criteria

Notification of the availability of the design certification specified under 40 CFR 257.105(f)(1) or (f)(3) and copy of the alternative composite liner design, if applicable. (40 CFR 257.106(f)(1))
Notification of the availability of the construction certification specified under 40 CFR 257.105(f)(1) or (f)(3). (40 CFR 257.106(f)(2))
Notification of the availability of the documentation of liner type specified under 40 CFR 257.105(f)(2). (40 CFR 257.106(f)(3))
Notification of the availability of the initial and periodic hazard potential classification assessments specified under 40 CFR 257.105(f)(5). (40 CFR 257.106(f)(4))
Notification of the availability of emergency action plan (EAP), and any revisions of the EAP, specified under 40 CFR 257.105(f)(6). (40 CFR 257.106(f)(5))
Notification of the availability of documentation prepared by the owner or operator recording the annual face-to-face meeting or exercise between representatives of the owner or operator of the CCR unit and the local emergency responders specified under 40 CFR 257.105(f)(7). (40 CFR 257.106(f)(6))
Notification of documentation prepared by the owner or operator recording all activations of the emergency action plan specified under 40 CFR 257.105(f)(8). (40 CFR 257.106(f)(7))
Notification of the availability of the history of construction, and any revision of it, specified under 40 CFR 257.105(f)(9). (40 CFR 257.106(f)(8))
Notification of the availability of the initial and periodic structural stability assessments specified under 40 CFR 257.105(f)(10). (40 CFR 257.106(f)(9))
Notification of the availability of the action plan to remedy structural stability deficiencies specified under 40 CFR 257.105(f)(11). (40 CFR 257.106(f)(10))
Notification of the availability of the initial and periodic safety factor assessments specified under 40 CFR 257.105(f)(12). (40 CFR 257.106(f)(11))
Notification of the availability of the design and construction plans, and any revision of them, specified under 40 CFR 257.105(f)(13). (40 CFR 257.106(f)(12))

Operating criteria

Notification of the availability of the CCR fugitive dust control plan, or any subsequent amendment of the plan, specified under 40 CFR 257.105(g)(1). (40 CFR 257.106(g)(1))
Notification of the availability of the annual CCR fugitive dust control report specified under 40 CFR 257.105(g)(2). (40 CFR 257.106(g)(2))
Notification of the availability of the initial and periodic run-on and run-off control system plans specified under 40 CFR 257.105(g)(3). (40 CFR 257.106(g)(3))
Notification of the availability of the initial and periodic inflow design flood control system plans specified under 40 CFR 257.105(g)(4). (40 CFR 257.106(g)(4))
Notification of the availability of the periodic inspection reports specified under 40 CFR 257.105(g)(6). (40 CFR 257.106(g)(5))
Notification of the availability of the action plan specified under 40 CFR 257.105(g)(7). (40 CFR 257.106(g)(6))
Notification of the availability of the periodic inspection reports specified under 40 CFR 257.105(g)(9). (40 CFR 257.106(g)(7))

Groundwater monitoring and corrective action

Notification of the availability of the annual groundwater monitoring and corrective action report specified under 40 CFR 257.105(h)(1). (40 CFR 257.106(h)(1))
Notification of the availability of the groundwater monitoring system certification specified under 40 CFR 257.105(h)(3). (40 CFR 257.106(h)(2))
Notification of the availability of the selection of a statistical method certification specified under 40 CFR 257.105(h)(4). (40 CFR 257.106(h)(3))
Notification that an assessment monitoring programs has been established specified under 40 CFR 257.105(h)(5). (40 CFR 257.106(h)(4))
Notification that the CCR unit is returning to a detection monitoring program specified under 40 CFR 257.105(h)(7). (40 CFR 257.106(h)(5))
Notification that one or more constituents in Appendix IV to this part have been detected at statistically significant levels above the groundwater protection standard and the notifications to land owners specified under 40 CFR 257.105(h)(8). (40 CFR 257.106(h)(6))
Notification that an assessment of corrective measures has been initiated specified under 40 CFR 257.105(h)(9). (40 CFR 257.106(h)(7))
Notification of the availability of assessment of corrective measures specified under 40 CFR 257.105(h)(10). (40 CFR 257.106(h)(8))
Notification of the availability of the semi-annual report describing the progress in selecting and designing the remedy under 40 CFR 257.105(h)(12). (40 CFR 257.106(h)(9))
Notification of the availability of the selection of remedy report specified under 40 CFR 257.105(h)(12). (40 CFR 257.106(h)(9))
Notification of the completion of the remedy specified under 40 CFR 257.105(h)(13). (40 CFR 257.106(h)(10))

Closure and post-closure care

Notification of the intent to initiate closure of the CCR unit specified under 40 CFR 257.105(i)(1). (40 CFR 257.106(i)(1))
Notification of the availability of the annual progress reports of closure implementation specified under 40 CFR 257.105(i)(2). (40 CFR 257.106(i)(2))
Notification of closure completion specified under 40 CFR 257.105(i)(3). (40 CFR 257.106(i)(3))
Notification of the availability of the written closure plan, and any amendment of the plan, specified under 40 CFR 257.105(i)(4). (40 CFR 257.106(i)(4))
Notification of the availability of the demonstration(s) for a time extension for initiating closure specified under 40 CFR 257.105(i)(5). (40 CFR 257.106(i)(5))
Notification of the availability of the demonstration(s) for a time extension for completing closure specified under 40 CFR 257.105(i)(6). (40 CFR 257.106(i)(6)
Notification of intent to close a CCR unit specified under 40 CFR 257.105(i)(7). (40 CFR 257.106(i)(7))
Notification of completion of closure of a CCR unit specified under 40 CFR 257.105(i)(8). (40 CFR 257.106(i)(8))
Notification of the deed notation as required by 40 CFR 257.105(i)(9). (40 CFR 257.106(i)(9))
Notification of intent to comply with the alternative closure requirements specified under 40 CFR 257.105(i)(10). (40 CFR 257.106(i)(10))
The annual progress reports under the alternative closure requirements as required by 40 CFR 257.105(i)(11). (40 CFR 257.106(i)(11))
Notification of the availability of the written post-closure plan, and any amendment of the plan, specified under 40 CFR 257.105(i)(12). (40 CFR 257.106(i)(12))
Notification of completion of post-closure care specified under 40 CFR 257.105(i)(13). (40 CFR 257.106(i)(13))
Notification of the availability of the written retrofit plan, and any amendment of the plan, specified under 40 CFR 257.105(j)(1). (40 CFR 257.106(j)(1))
Notification of intent to retrofit a CCR unit specified under 40 CFR 257.105(j)(5). (40 CFR 257.106(j)(5))
Notification of completion of retrofit of a CCR unit specified under 40 CFR 257.105(j)(6). (40 CFR 257.106(j)(6))

Respondent Activities:

Owners and operators must perform the following activities:

Location restrictions

Provide notification that each demonstration specified under 40 CFR 257.105(e) has been placed in the operating record and on the owner or operator’s publicly accessible internet site.

Design criteria

Provide notification of the availability of the design certification specified under 40 CFR 257.105(f)(1) or (f)(3) and copy of the alternative composite liner design, if applicable.
Provide notification of the availability of the construction certification specified under 40 CFR 257.105(f)(1) or (f)(3).
Provide notification of the availability of the documentation of liner type specified under 40 CFR 257.105(f)(2).
Provide notification of the availability of the initial and periodic hazard potential classification assessments specified under 40 CFR 257.105(f)(5).
Provide notification of the availability of the EAP, and any revisions of the EAP, specified under 40 CFR 257.105(f)(6).
Provide notification of the availability of documentation specified under 40 CFR 257.105(f)(7).
Provide notification of documentation specified under 40 CFR 257.105(f)(8).
Provide notification of the availability of the history of construction, and any revision of it, specified under 40 CFR 257.105(f)(9).
Provide notification of the availability of the initial and periodic structural stability assessments specified under 40 CFR 257.105(f)(10).
Provide notification of the availability of the action plan to remedy structural stability deficiencies specified under 40 CFR 257.105(f)(11).
Provide notification of the availability of the initial and periodic safety factor assessments specified under 40 CFR 257.105(f)(12).
Provide notification of the availability of the design and construction plans, and any revision of them, specified under 40 CFR 257.105(f)(13).

Operating criteria

Provide notification of the availability of the CCR fugitive dust control plan, or any subsequent amendment of the plan, specified under 40 CFR 257.105(g)(1).
Provide notification of the availability of the annual CCR fugitive dust control report specified under 40 CFR 257.105(g)(2).
Provide notification of the availability of the initial and periodic run-on and run-off control system plans specified under 40 CFR 257.105(g)(3).
Provide notification of the availability of the initial and periodic inflow design flood control system plans specified under 40 CFR 257.105(g)(4).
Provide notification of the availability of the periodic inspection reports specified under 40 CFR 257.105(g)(6).
Provide notification of the availability of the action plan specified under 40 CFR 257.105(g)(7).
Provide notification of the availability of the periodic inspection reports specified under 40 CFR 257.105(g)(9).

Groundwater monitoring and corrective action

Provide notification of the availability of the annual groundwater monitoring and corrective action report specified under 40 CFR 257.105(h)(1).
Provide notification of the availability of the certification specified under 40 CFR 257.105(h)(3).
Provide notification of the availability of the certification specified under 40 CFR 257.105(h)(4).
Provide notification that an assessment monitoring programs has been established specified under 40 CFR 257.105(h)(5).
Provide notification that the CCR unit is returning to a detection monitoring program specified under 40 CFR 257.105(h)(7)
Provide notification that one or more constituents in Appendix IV to this part have been detected at statistically significant levels above the groundwater protection standard and the notifications to land owners specified under 40 CFR 257.105(h)(8).
Provide notification that an assessment of corrective measures has been initiated specified under 40 CFR 257.105(h)(9)
Provide notification of the availability of assessment of corrective measures specified under 40 CFR 257.105(h)(10).
Provide notification of the availability of the semi-annual report describing the progress in selecting and designing the remedy specified under 40 CFR 257.105(h)(12).
Provide notification of the availability of the selection of remedy report specified under 40 CFR 257.105(h)(12).
Provide notification of the completion of the remedy specified under 40 CFR 257.105(h)(13).

Closure and post-closure care

Provide notification of the intent to initiate closure of the CCR unit specified under 40 CFR 257.105(i)(1).
Provide notification of the availability of the annual progress reports of closure implementation specified under 40 CFR 257.105(i)(2).
Provide notification of closure completion specified under 40 CFR 257.105(i)(3).
Provide notification of the availability of the written closure plan, and any amendment of the plan, specified under 40 CFR 257.105(i)(4).
Provide notification of the availability of the demonstration(s) specified under 40 CFR 257.105(i)(5).
Provide notification of the availability of the demonstration(s) specified under 40 CFR 257.105(i)(6).
Provide notification of intent to close a CCR unit specified under 40 CFR 257.105(i)(7).
Provide notification of completion of closure of a CCR unit specified under 40 CFR 257.105(i)(8).
Provide notification of the deed notation as required by 40 CFR 257.105(i)(9).
Provide notification of intent to comply with the alternative closure requirements specified under 40 CFR 257.105(i)(10
Provide notification of the annual progress reports under the alternative closure requirements required under 40 CFR 257.105(i)(11).
Provide notification of the availability of the written post-closure plan, and any amendment of the plan, specified under 40 CFR 257.105(i)(12).
Provide notification of completion of post-closure care specified under 40 CFR 257.105(i)(13).
Provide notification of the availability of the written retrofit plan, and any amendment of the plan, specified under 40 CFR 257.105(j)(1).
Provide notification of intent to retrofit a CCR unit specified under 40 CFR 257.105(j)(5).
Provide notification of completion of retrofit of a CCR unit specified under 40 CFR 257.105(j)(6).

Publicly Accessible Internet Site Requirements

40 CFR 257.107 identifies the publicly accessible internet site requirements applicable to owners and operator of CCR units subject to 40 CFR Part 257, Subpart D. Owners and operators must maintain a publicly accessible internet site (CCR website) containing the information specified in this section. The owner or operator’s website must be titled “CCR Rule Compliance Data and Information.”

An owner or operator of more than one CCR unit subject to the provisions of 40 CFR Part 257, Subpart D may comply with the requirements of 40 CFR 257.107 by using the same internet site for multiple CCR units provided the CCR website clearly delineates information by the name of each unit.

Unless otherwise required in 40 CFR 257.107, the information required to be posted to the CCR website must be made available to the public for at least five years following the date on which the information was first posted to the CCR website.

Unless otherwise required in 40 CFR 257.107, the information must be posted to the CCR website within 30 days of placing the pertinent information required by 40 CFR 257.105 in the operating record.

Data Items:

Location restrictions

Each demonstration specified under 40 CFR 257.105(e) on the owner or operator’s CCR website. (40 CFR 257.107(e))

Design criteria

Design certification specified under 40 CFR 257.105(f)(1) or (f)(3). (40 CFR 257.107(f)(1))
The construction certification specified under 40 CFR 257.105(f)(1) or (f)(3). (40 CFR 257.107(f)(2))
The documentation of liner type specified under 40 CFR 257.105(f)(2). (40 CFR 257.107(f)(3))
The initial and periodic hazard potential classification assessments specified under 40 CFR 257.105(f)(5). (40 CFR 257.107(f)(4))
The emergency action plan (EAP) specified under 40 CFR 257.105(f)(6), except that only the most recent EAP must be maintained on the CCR website. (40 CFR 257.107(f)(5))
Documentation prepared by the owner or operator recording the annual face-to-face meeting or exercise between representatives of the owner or operator of the CCR unit and the local emergency responders specified under 40 CFR 257.105(f)(7). (40 CFR 257.107(f)(6))
Documentation prepared by the owner or operator recording any activation of the emergency action plan specified under 40 CFR 257.105(f)(8). (40 CFR 257.107(f)(7))
The history of construction, and any revisions of it, specified under 40 CFR 257.105(f)(9). (40 CFR 257.107(f)(8))
The initial and periodic structural stability assessments specified under 40 CFR 257.105(f)(10). (40 CFR 257.107(f)(9))
The action plan to remedy structural stability deficiencies specified under 40 CFR 257.105(f)(11). (40 CFR 257.107(f)(10))
The initial and periodic safety factor assessments specified under 40 CFR 257.105(f)(12). (40 CFR 257.107(f)(11))
The design and construction plans, and any revisions of them, specified under 40 CFR 257.105(f)(13). (40 CFR 257.107(f)(12))

Operating criteria

The CCR fugitive dust control plan, or any subsequent amendment of the plan, specified under 40 CFR 257.105(g)(1). (40 CFR 257.107(g)(1))
The annual CCR fugitive dust control report specified under 40 CFR 257.105(g)(2). (40 CFR 257.107(g)(2))
The initial and periodic run-on and run-off control system plans specified under 40 CFR 257.105(g)(3). (40 CFR 257.107(g)(3))
The initial and periodic inflow design flood control system plans specified under 40 CFR 257.105(g)(4). (40 CFR 257.107(g)(4))
The periodic inspection reports specified under 40 CFR 257.105(g)(6). (40 CFR 257.107(g)(5))
The action plan specified under 40 CFR 257.105(g)(7). (40 CFR 257.107(g)(6))
The periodic inspection reports specified under 40 CFR 257.105(g)(9). (40 CFR 257.107(g)(7))

Groundwater monitoring and corrective action

The annual groundwater monitoring and corrective action report specified under 40 CFR 257.105(h)(1). (40 CFR 257.107(h)(1))
The groundwater monitoring system certification specified under 40 CFR 257.105(h)(3). (40 CFR 257.107(h)(2))
The selection of a statistical method certification specified under 40 CFR 257.105(h)(4). (40 CFR 257.107(h)(3))
The notification that an assessment monitoring programs has been established specified under 40 CFR 257.105(h)(5). (40 CFR 257.107(h)(4))
The notification that the CCR unit is returning to a detection monitoring program specified under 40 CFR 257.105(h)(7). (40 CFR 257.107(h)(5))
The notification that one or more constituents in Appendix IV to this part have been detected at statistically significant levels above the groundwater protection standard and the notifications to land owners specified under 40 CFR 257.105(h)(8). (40 CFR 257.107(h)(6))
The notification that an assessment of corrective measures has been initiated specified under 40 CFR 257.105(h)(9). (40 CFR 257.107(h)(7))
The assessment of corrective measures specified under 40 CFR 257.105(h)(10). (40 CFR 257.107(h)(8))
The semi-annual reports describing the progress in selecting and designing the remedy. (40 CFR 257.107(h)(9))
The selection of remedy report specified under 40 CFR 257.105(h)(12), except that the selection of remedy report must be maintained until the remedy has been completed. (40 CFR 257.107(h)(9))
The notification that the remedy has been completed specified under 40 CFR 257.105(h)(13). (40 CFR 257.107(h)(10))

Closure and post-closure care

The notification of intent to initiate closure of the CCR unit specified under 40 CFR 257.105(i)(1). (40 CFR 257.107(i)(1))
The annual progress reports of closure implementation specified under 40 CFR 257.105(i)(2). (40 CFR 257.107(i)(2))
The notification of closure completion specified under 40 CFR 257.105(i)(3). (40 CFR 257.107(i)(3))
The written closure plan, and any amendment of the plan, specified under 40 CFR 257.105(i)(4). (40 CFR 257.107(i)(4))
The demonstration(s) for a time extension for initiating closure specified under 40 CFR 257.105(i)(5). (40 CFR 257.107(i)(5))
The demonstration(s) for a time extension for completing closure specified under 40 CFR 257.105(i)(6). (40 CFR 257.107(i)(6))
The notification of intent to close a CCR unit specified under 40 CFR 257.105(i)(7). (40 CFR 257.107(i)(7))
The notification of completion of closure of a CCR unit specified under 40 CFR 257.105(i)(8). (40 CFR 257.107(i)(8))
The notification recording a notation on the deed as required by 40 CFR 257.105(i)(9). (40 CFR 257.107(i)(9))
The notification of intent to comply with the alternative closure requirements as required by 40 CFR 257.105(i)(10). (40 CFR 257.107(i)(10))
The annual progress reports under the alternative closure requirements as required by 40 CFR 257.105(i)(11). (40 CFR 257.107(i)(11))
The written post-closure plan, and any amendment of the plan, specified under 40 CFR 257.105(i)(12). (40 CFR 257.107(i)(12))
The notification of completion of post-closure care specified under 40 CFR 257.105(i)(13). (40 CFR 257.107(i)(13))
The written retrofit plan, and any amendment of the plan, specified under 40 CFR 257.105(j)(1). (40 CFR 257.107(j)(2))
The notification of intent to retrofit a CCR unit specified under 40 CFR 257.105(j)(5). (40 CFR 257.107(j)(5))
The notification of completion of retrofit of a CCR unit specified under 40 CFR 257.105(j)(6). (40 CFR 257.107(j)(6))

Respondent Activities:

Owners and operators must perform the following activities:

Location restrictions

Place each demonstration specified under 40 CFR 257.105(e) on the owner or operator’s CCR website.

Design criteria

Place the certification required under 40 CFR 257.105(f)(1) or (f)(3) on the owner or operator’s CCR website.
Place the certification specified under 40 CFR 257.105(f)(1) or (f)(3)on the owner or operator’s CCR website.
Place he documentation specified under 40 CFR 257.105(f)(2) on the owner or operator’s CCR website.
Place the initial and periodic hazard potential classification assessments specified under 40 CFR 257.105(f)(5) on the owner or operator’s CCR website.
Place the EAP specified under 40 CFR 257.105(f)(6) on the owner or operator’s CCR website.
Place documentation specified under 40 CFR 257.105(f)(7) on the owner or operator’s CCR website.
Place documentation specified under 40 CFR 257.105(f)(8) on the owner or operator’s CCR website.
Place the history of construction, and any revisions of it, specified under 40 CFR 257.105(f)(9) on the owner or operator’s CCR website.
Place the initial and periodic structural stability assessments specified under 40 CFR 257.105(f)(10) on the owner or operator’s CCR website.
Place the action plan to remedy structural stability deficiencies specified under 40 CFR 257.105(f)(11) on the owner or operator’s CCR website.
Place the initial and periodic safety factor assessments specified under 40 CFR 257.105(f)(12) on the owner or operator’s CCR website.
Place the design and construction plans, and any revisions of them, specified under 40 CFR 257.105(f)(13) on the owner or operator’s CCR website.

Operating criteria

Place the CCR fugitive dust control plan, or any subsequent amendment of the plan, specified under 40 CFR 257.105(g)(1) on the owner or operator’s CCR website.
Place the annual CCR fugitive dust control report specified under 40 CFR 257.105(g)(2) on the owner or operator’s CCR website.
Place the initial and periodic run-on and run-off control system plans specified under 40 CFR 257.105(g)(3) on the owner or operator’s CCR website.
Place the initial and periodic inflow design flood control system plans specified under 40 CFR 257.105(g)(4) on the owner or operator’s CCR website.
Place the periodic inspection reports specified under 40 CFR 257.105(g)(6) on the owner or operator’s CCR website.
Place the action plan specified under 40 CFR 257.105(g)(7) on the owner or operator’s CCR website.
Place the periodic inspection reports specified under 40 CFR 257.105(g)(9) on the owner or operator’s CCR website.

Groundwater monitoring and corrective action

Place the annual groundwater monitoring and corrective action report specified under 40 CFR 257.105(h)(1) on the owner or operator’s CCR website.
Place the certification specified under 40 CFR 257.105(h)(3) on the owner or operator’s CCR website.
Place the certification specified under 40 CFR 257.105(h)(4) on the owner or operator’s CCR website.
Place the notification specified under 40 CFR 257.105(h)(5) on the owner or operator’s CCR website.
Place the notification specified under 40 CFR 257.105(h)(7) on the owner or operator’s CCR website.
Place the notification specified under 40 CFR 257.105(h)(8) on the owner or operator’s CCR website.
Place the notification specified under 40 CFR 257.105(h)(9) on the owner or operator’s CCR website.
Place the assessment of corrective measures specified under 40 CFR 257.105(h)(10) on the owner or operator’s CCR website.
Place the semi-annual reports describing the progress in selecting and designing the remedy required under 40 CFR 257.105(h)(12) on the owner or operator’s CCR website.
Place the selection of remedy report specified under 40 CFR 257.105(h)(12) on the owner or operator’s CCR website.
Place the notification specified under 40 CFR 257.105(h)(13) on the owner or operator’s CCR website.

Closure and post-closure care

Place the notification specified under 40 CFR 257.105(i)(1) on the owner or operator’s CCR website.
Place the annual progress reports of closure implementation specified under 40 CFR 257.105(i)(2) on the owner or operator’s CCR website.
Place the notification specified under 40 CFR 257.105(i)(3) on the owner or operator’s CCR website.
Place the written closure plan, and any amendment of the plan, specified under 40 CFR 257.105(i)(4) on the owner or operator’s CCR website.
Place the demonstration(s) specified under 40 CFR 257.105(i)(5) on the owner or operator’s CCR website.
Place the demonstration(s) specified under 40 CFR 257.105(i)(6) on the owner or operator’s CCR website.
Place the notification specified under 40 CFR 257.105(i)(7) on the owner or operator’s CCR website.
Place the notification specified under 40 CFR 257.105(i)(8) on the owner or operator’s CCR website.
Place the notification required under 40 CFR 257.105(i)(9) on the owner or operator’s CCR website.
Place the notification required under 40 CFR 257.105(i)(10) on the owner or operator’s CCR website.
Place the annual progress reports required under 40 CFR 257.105(i)(11) on the owner or operator’s CCR website.
Place the written post-closure plan, and any amendment of the plan, specified under 40 CFR 257.105(i)(12) on the owner or operator’s CCR website.
Place the notification specified under 40 CFR 257.105(i)(13) on the owner or operator’s CCR website.
Place the written retrofit plan, and any amendment of the plan, specified under 40 CFR 257.105(j)(1) on the owner or operator’s CCR website.
Place the notification specified under 40 CFR 257.105(j)(5) on the owner or operator’s CCR website.
Place the notification required under 40 CFR 257.105(j)(6) on the owner or operator’s CCR website.

Solid Waste Management Plans

States and territories where the CCR units will be regulated under the final rule may prepare a solid waste management plan to address the issuance of the revised federal requirements in the CCR rule. This would be a voluntary activity.

Respondent Activity:

State government agencies and Tribal authorities are expected to perform the following activity:

Prepare solid waste management plan.
5. THE INFORMATION COLLECTED: AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT

5(a) AGENCY ACTIVITIES

Most information required by this rulemaking is maintained in records in the facility’s operating record and therefore is not formally submitted to EPA. For the information that may be submitted – specifically a revised Solid Waste Management Plan (SWMP) submitted by a State – the Agency will review and, as appropriate, approve the SWMPs. Early in the development of the waste management infrastructure, a process was created to encourage States to effectively plan for and manage their solid wastes through the development of SWMPs. Currently, most states have SWMPs that have been submitted to and approved by EPA. EPA recommends that States take advantage of this process, already in the regulations, by revising their SWMPs to address the issuance of the revised federal requirements and to submit revisions of these plans to EPA.

5(b) COLLECTION METHODOLOGY AND MANAGEMENT

Most information can be maintained in the facility operating record rather than in submittals to EPA. For the information that is submitted (i.e., a State SWMP), EPA ensures the accuracy and completeness of the collected information by reviewing each submittal. EPA only reviews SWMPs submitted by States and notifies them of any action taken by the Agency.

5(c) SMALL ENTITY FLEXIBILITY

EPA determined that the final rule will not have a significant economic impact on a substantial number of small entities. The small entities directly regulated by this final rule consist of one small county, 31 small cities, 32 small companies, and 13 small cooperative owner entities that own at least one coal-burning power plant. There are 91 coal-burning power plants that are owned by the 77 small owner entities. Those plants fall into the following categories: one small county plant, 31 small city plants, 42 plants owned by small companies, and 17 small cooperative plants.

The RIA estimated CCR compliance costs as a percentage of revenues for each entity and found that for almost all small entities affected by the rule the estimated annualized costs were less than 1% of revenues.

Although this final rule will not have a significant economic impact on a substantial number of small entities, EPA nonetheless has tried to reduce the impact of this rule on small entities.

5(d) COLLECTION SCHEDULE

For revisions of existing State SWMPs, EPA is strongly encouraging States to adopt at least the rule’s federal minimum criteria into their regulations. EPA expects that States will elect to submit their SWMPs for approval because EPA’s approval of a revised SWMP signals EPA’s opinion that the State SWMP meets the minimum federal criteria.

6. ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION

6(a) ESTIMATING RESPONDENT BURDEN HOURS

Exhibits 1 through 8 provide estimates of the respondent hourly burden associated with the information collection requirements covered in this ICR. The exhibit includes burden hours (total and by labor type) per respondent, as well as the overall burden hours for all respondents. The majority of the hour estimates in Exhibits 1 through 8 are based on the Agency’s regulatory impact analysis for the final rule, EPA’s 2015 RCRA Final Rule Regulating Coal Combustion Residual (CCR) Landfills and Surface Impoundments at Coal-Fired Electric Utility Power Plants, dated October 2014.

6(b) ESTIMATING RESPONDENT COSTS

Exhibits 1 through 8 provide estimates of the annual respondent costs associated with the information collection requirements covered in this ICR. These costs are based on the cost of labor, capital, and operation and maintenance (O&M).

(1) Labor Costs

Using the total burden hours discussed in Section 6(a) and the hourly labor costs outlined in this section, Exhibits 1 through 8 illustrate the labor costs associated with the information collection requirements covered in this ICR.

Owners and Operators of CCR Units

EPA estimates an average hourly respondent labor cost (including fringe and overhead) of $142.79 for legal staff, $116.05 for managerial staff, $61.06 for technical staff, and $36.29 for clerical staff. These respondent labor costs were obtained from the regulatory impact analysis for the final rule, and updated to 2014 levels using Employment Cost Indexes developed by the U.S. Bureau of Labor Statistics.¹

State Government Agencies and Tribal Authorities

EPA estimates an average hourly respondent labor cost (including fringe and overhead) of $60.57 for legal staff, $56.86 for managerial staff, $34.02 for technical staff, and $21.70 for clerical staff. These respondent labor costs were obtained from “2015 Hazardous Waste Report, Notification of Regulated Waste Activity, and Part A Hazardous Waste Permit Application and Modification,” EPA ICR Number 0976.17, dated October 2014.

(2) Capital Costs

Capital costs usually include any produced physical good needed to provide the needed information, such as machinery, computers, and other equipment. EPA does not anticipate that respondents will incur capital costs in carrying out the information collection requirements covered in this ICR.

(3) Operation and Maintenance Costs

O&M costs are those costs associated with a paperwork requirement incurred continually over the life of the ICR. For this ICR, O&M costs include: mailing costs, certification fees, and sampling costs. O&M costs were obtained from the regulatory impact analysis for the final rule, and updated to 2014 levels using Consumer Price Indexes developed by the U.S. Bureau of Labor Statistics.² O&M costs are shown in Exhibits 1 through 8 for all applicable respondent activities. For this collection, the annual O&M cost for private entities is expected to be $41,112,513.

6(c) ESTIMATING AGENCY HOUR AND COST BURDEN

EPA estimates an average hourly labor cost of $87.42 for legal staff (GS15, Step 5), $77.14 for managerial staff (GS-15, Step 1), $55.50 for technical staff (GS-13, Step 1), and $23.68 for clerical staff (GS-06, Step 1). To derive these hourly estimates, EPA referred to the General Schedule (GS) Salary Table 2014. This publication summarizes the unloaded (base) hourly rate for various labor categories in the Federal Government. EPA then applied the standard government overhead factor of 1.6 to the unloaded rate to derive loaded hourly rates.

Hour and cost burden estimates to the Agency are presented in Exhibit 8b.

6(d) ESTIMATING RESPONDENT UNIVERSE AND TOTAL HOUR AND COST BURDEN

(1) Respondent Universe

EPA estimates that 414 coal-fired electric utility plants will be affected by the final rule. Table 1 presents the number of CCR units subject to the information collection requirements under the rule.^³

Table 1

Number of CCR Units Subject to the

Information Collection Requirements Covered in this ICR

Category	2015	2016	2017	Average
Landfills – Existing	286	284	282	284
Landfills – New	2	3	3	3
Impoundments - Existing	633	628	613	625
Impoundments - New	0	4	18	7
Total	921	919	916	919

(2) Annual Respondent Burden

(a) Beneficial Use of CCR (Exhibit 1)

EPA estimates that, each year, 72 users of CCR will demonstrate and keep records of its beneficial use, as required under 40 CFR 257.53. These respondents will not be subject to the remaining requirements under the final rule.

(b) Reading the Regulations (Exhibit 1)

EPA estimates that the 414 coal-fired electric utility plants will be subject to the information collection requirements under the final rule. EPA assumes that these respondents will read the regulations once during the three-year life of the ICR. In estimating the annual respondent hour and cost burden over the three-year period covered by this ICR, EPA annualized the hour and cost burden of this one-time activity by dividing the number of respondents by three. Thus, EPA estimates that 138 respondents (i.e., 414 respondents / 3 years), on average, will read the regulations each year.

(c) Location Restrictions (Exhibit 1)

(c1) Placement above the Uppermost Aquifer

EPA assumes that owners and operators of 50 percent of existing and new CCR units (i.e., 919 units x 0.50 = 460 units) will demonstrate that each of their CCR units meet the minimum requirements for placement above the uppermost aquifer.⁴ EPA further assumes that these demonstrations, which include a certification from a qualified professional engineer, will be prepared once during the three-year life of the ICR. In estimating the annual respondent hour and cost burden over the three-year period covered by this ICR, EPA annualized the hour and cost burden of this one-time activity by dividing the number of CCR units by three. Thus, EPA estimates that 153 units (i.e., 460 units / 3 years), on average, will be subject to this requirement each year.

(c2) Wetlands

EPA assumes that owners and operators of 50 percent of existing and new CCR units (i.e., 919 units x 0.50 = 460 units) will prepare the wetland location restriction demonstration required under 40 CFR 257.61.⁵ EPA further assumes that these demonstrations, which include a certification from a qualified professional engineer, will be prepared once during the three-year life of the ICR. In estimating the annual respondent hour and cost burden over the three-year period covered by this ICR, EPA annualized the hour and cost burden of this one-time activity by dividing the number of CCR units by three. Thus, EPA estimates that 153 units (i.e., 460 units / 3 years), on average, will be subject to this requirement each year.

(c3) Fault Areas

EPA assumes that 2 CCR landfills and 7 CCR surface impoundments will be affected by the by the fault area location restriction at 40 CFR 257.62.⁶ Owners and operators of these units will prepare a demonstration and obtain a certification from a qualified professional engineer once during the three-year life of the ICR. In estimating the annual respondent hour and cost burden over the three-year period covered by this ICR, EPA annualized the hour and cost burden of these one-time activities by dividing the number of CCR units by three. Thus, EPA estimates that 3 units (i.e., 9 units / 3 years), on average, will be subject to this requirement each year.

(c4) Seismic Impact Zones

EPA assumes that 9 CCR landfills and 4 CCR surface impoundments will be affected by the seismic impact zone location restriction at 40 CFR 257.63.⁷ Owners and operators of these units will prepare a demonstration and obtain a certification from a qualified professional engineer once during the three-year life of the ICR. In estimating the annual respondent hour and cost burden over the three-year period covered by this ICR, EPA annualized the hour and cost burden of these one-time activities by dividing the number of CCR units by three. Thus, EPA estimates that 4 units (i.e., 13 units / 3 years), on average, will be subject to this requirement each year.

(c5) Unstable Areas

EPA assumes that 9 CCR landfills and 12 CCR surface impoundments will be affected by the unstable area location restriction at 40 CFR 257.64.⁸ Owners and operators of these units will prepare a demonstration and obtain a certification from a qualified professional engineer once during the three-year life of the ICR. In estimating the annual respondent hour and cost burden over the three-year period covered by this ICR, EPA annualized the hour and cost burden of these one-time activities by dividing the number of CCR units by three. Thus, EPA estimates that 7 units (i.e., 21 units / 3 years), on average, will be subject to this requirement each year.

(d) Design Criteria (Exhibit 2)

(d1) Liner Design Criteria for New CCR Landfills and Any Lateral Expansion of a CCR Landfill

EPA assumes that none of the new CCR landfills will have an alternative composite liner. As a result, none of the new CCR landfills will be subject to the certification requirement at 40 CFR 257.70(c)(2).

EPA assumes that owners and operators of all new CCR landfills will obtain a certification from a qualified professional engineer that the composite liner and the leachate collection and removal system meet the requirements of 40 CFR 257.70. One certification will be obtained prior to the construction of the CCR landfill pursuant to 40 CFR 257.70(e) and one certification will be obtained upon completion of the construction pursuant to 40 CFR 257.70(f). EPA further assumes that each of these certifications will be obtained once during the three-year life of the ICR. In estimating the annual respondent hour and cost burden over the three-year period covered by this ICR, EPA annualized the hour and cost burden of this one-time activity by dividing the number of new CCR landfills by three. Thus, EPA estimates that 1 unit (i.e., 3 units / 3 years), on average, will be subject to these certification requirements each year.

(d2) Liner Design Criteria for Existing CCR Surface Impoundments

EPA assumes that owners and operators of all existing CCR surface impoundments will document the liner type and obtain the certification required under 40 CFR 257.71(b). EPA further assumes that these activities will be conducted once during the three-year life of the ICR. In estimating the annual respondent hour and cost burden over the three-year period covered by this ICR, EPA annualized the hour and cost burden of this one-time activity by dividing the number of existing CCR surface impoundments by three. Thus, EPA estimates that 208 units (i.e., 625 units / 3 years), on average, will be subject to the location restrictions requirements each year.

(d3) Liner Design Criteria for New CCR Surface Impoundments and Any Lateral Expansion of a CCR Surface Impoundment

EPA assumes that owners and operators of all new CCR surface impoundments will obtain a certification from a qualified professional engineer that the composite liner complies with the requirements of 40 CFR 257.72. One certification will be obtained prior to the construction of the CCR surface impoundment pursuant to 40 CFR 257.72(c) and one certification will be obtained upon completion of the construction pursuant to 40 CFR 257.72(d). EPA further assumes that each of these certifications will be obtained once during the three-year life of the ICR. In estimating the annual respondent hour and cost burden over the three-year period covered by this ICR, EPA annualized the hour and cost burden of this one-time activity by dividing the number of new CCR surface impoundments by three. Thus, EPA estimates that 2 units (i.e., 7 units / 3 years), on average, will be subject to these certification requirements each year.

(d4) Structural Integrity Criteria for Existing CCR Surface Impoundments

Requirements at 40 CFR 257.73(a)

EPA estimates that 80 percent of existing CCR surface impoundments are not incised CCR units (i.e., 625 units x 0.80 = 500 units).⁹ EPA assumes that owners and operators of these CCR surface impoundments will comply with the requirements at 40 CFR 257.73(a).

EPA also assumes that certain activities under 40 CFR 257.73(a) will be conducted once during the three-year life of the ICR. These activities include: placing a permanent identification marker showing the identification number of the CCR unit (40 CFR 257.73(a)(1)), documenting the initial hazard potential classification assessment of the CCR unit (40 CFR 257.73(a)(2))¹⁰, obtaining the certification required under 40 CFR 257.73(a)(2)(ii), and preparing a written Emergency Action Plan (EAP) (40 CFR 257.73(a)(3)). In estimating the annual respondent hour and cost burden over the three-year period covered by this ICR, EPA annualized the hour and cost burden of these one-time activities by dividing the number of CCR surface impoundments by three. Thus, EPA estimates that 167 units (i.e., 500 units / 3 years), on average, will be subject to these requirements each year.

EPA further assumes that owners and operators of CCR units subject to the requirements of 40 CFR 257.73(a) will conduct the following activities on an annual basis: prepare documentation on an annual face-to-face meeting or exercise between representatives of the owner/operator of the CCR unit and the local emergency responders (40 CFR 257.73(a)(3)(i)(E)), amend the EAP (40 CFR 257.73(a)(3)(ii)), obtain the certification required under 40 CFR 257.73(a)(3)(iv)), and prepare the documentation required under 40 CFR 257.73(a)(3)(v).

Finally, EPA assumes that owners and operators of 1 percent of these CCR surface impoundments (i.e., 500 units x 0.01 = 5 units) will need to implement the EAP each year.

Requirements at 40 CFR 257.73(c) through (e)

EPA estimates that 65 percent of existing CCR surface impoundments have a height of five feet or more and a storage volume of 20 acre-feet or more, or have a height of 20 feet or more (i.e., 625 existing units x 0.65 = 406 units).¹¹ EPA assumes that owners and operators of these CCR surface impoundments will comply with the requirements at 40 CFR 257.73(c) through (e).

EPA also assumes that certain activities under 40 CFR 257.73(c) through (e) will be conducted once during the three-year life of the ICR. These activities include: compiling history of construction (40 CFR 257.73(c)), conducting and documenting the initial structural stability assessment (40 CFR 257.73(d)),¹² obtaining the certification required under 40 CFR 257.73(d)(3), conducting and documenting the initial safety factor assessment (40 CFR 257.73(e))¹³, and obtaining the certification required under 40 CFR 257.73(e)(2). In estimating the annual respondent hour and cost burden over the three-year period covered by this ICR, EPA annualized the hour and cost burden of these one-time activities by dividing the number of CCR surface impoundments by three. Thus, EPA estimates that 135 units (i.e., 406 units / 3 years), on average, will be subject to these requirements each year.

(d5) Structural Integrity Criteria for New CCR Surface Impoundments and Any Lateral Expansion of a CCR Surface Impoundment

Requirements at 40 CFR 257.74(a)

EPA estimates that 80 percent of new CCR surface impoundments are not incised CCR units (i.e., 7 units x 0.80 = 6 units).¹⁴ EPA assumes that owners and operators of these CCR surface impoundments will comply with the requirements at 40 CFR 257.74(a).

EPA also assumes that certain activities under 40 CFR 257.74(a) will be conducted once during the three-year life of the ICR. These activities include: placing a permanent identification marker showing the identification number of the CCR unit (40 CFR 257.74(a)(1)), documenting the initial hazard potential classification assessment of the CCR unit (40 CFR 257.74(a)(2))¹⁵, obtaining the certification required under 40 CFR 257.74(a)(2)(ii), and preparing a written EAP (40 CFR 257.74(a)(3)). In estimating the annual respondent hour and cost burden over the three-year period covered by this ICR, EPA annualized the hour and cost burden of these one-time activities by dividing the number of CCR surface impoundments by three. Thus, EPA estimates that 2 units (i.e., 6 units / 3 years), on average, will be subject to these requirements each year.

EPA further assumes that owners and operators of CCR units subject to the requirements of 40 CFR 257.74(a) will conduct the following activities on an annual basis: prepare documentation on an annual face-to-face meeting or exercise between representatives of the owner/operator of the CCR unit and the local emergency responders (40 CFR 257.74(a)(3)(i)(E)), amend the EAP (40 CFR 257.74(a)(3)(ii)), obtain the certification required under 40 CFR 257.74(a)(3)(iv)), and prepare the documentation required under 40 CFR 257.74(a)(3)(v).

Finally, EPA assumes that owners and operators of 1 percent of these CCR surface impoundments (i.e., 2 units x 0.01 = 0 units) will need to implement the EAP each year.

Requirements at 40 CFR 257.74(c) through (e)

EPA estimates that 65 percent of new CCR surface impoundments have a height of five feet or more and a storage volume of 20 acre-feet or more, or have a height of 20 feet or more (i.e., 7 units x 0.65 = 5 units).¹⁶ EPA assumes that owners and operators of these CCR surface impoundments will comply with the requirements at 40 CFR 257.74 (c) through (e).

EPA also assumes that certain activities under 40 CFR 257.74(c) through (e) will be conducted once during the three-year life of the ICR. These activities include: compiling the design and construction plans for the CCR unit (40 CFR 257.74(c)), conducting and documenting the initial structural stability assessment (40 CFR 257.74(d)),¹⁷ obtaining the certification required under 40 CFR 257.74(d)(3), conducting and documenting the initial safety factor assessment (40 CFR 257.74(e))¹⁸, and obtaining the certification required under 40 CFR 257.74(e)(2). In estimating the annual respondent hour and cost burden over the three-year period covered by this ICR, EPA annualized the hour and cost burden of these one-time activities by dividing the number of CCR surface impoundments by three. Thus, EPA estimates that 2 units (i.e., 5 units / 3 years), on average, will be subject to these requirements each year.

(e) Operating Criteria (Exhibit 3)

(e1) Air Criteria

EPA assumes that all owners and operators of existing and new CCR units will comply with the air criteria requirements at 40 CFR 257.80. EPA also assumes that owners and operators will prepare the CCR fugitive dust control plan once during the three-year life of the ICR. In estimating the annual respondent hour and cost burden over the three-year period covered by this ICR, EPA annualized the hour and cost burden of this one-time activity by dividing the number of CCR units by three. Thus, EPA estimates that 306 units (i.e., 919 units / 3 years), on average, will prepare the CCR fugitive dust control plan each year.

EPA assumes that none of the owners and operators will amend their CCR fugitive dust control plan during the three-year period covered by this ICR.¹⁹

Based on the above, owners and operators of 306 CCR units will need to obtain a certification from a qualified professional engineer that the initial CCR fugitive dust control plan, or any subsequent amendment of it, meets the requirements of 40 CFR 257.80 (40 CFR 257.80(b)(7)).

EPA assumes that owners and operators of all 919 CCR units will prepare the annual CCR fugitive dust control report required under 40 CFR 257.80(c).

(e2) Run-On and Run-Off Controls for CCR Landfills

EPA assumes that all owners and operators of existing and new CCR landfills will prepare the initial run-on and run-off control system plan required under 40 CFR 257.81(c) once during the three-year life of the ICR. In estimating the annual respondent hour and cost burden over the three-year period covered by this ICR, EPA annualized the hour and cost burden of this one-time activity by dividing the number of CCR units by three. Thus, EPA estimates that 96 units (i.e., 287 units / 3 years), on average, will prepare the run-on and run-off control plan each year.

EPA assumes that none of the owners and operators will amend their run-on and run-off control system plan during the three-year period covered by this ICR

Based on the above, owners and operators of 96 CCR units will need to obtain a certification from a qualified professional engineer that the initial and periodic run-on and run-off control system plans meet the requirements of 40 CFR 257.81 (40 CFR 257.81(c)(5)).

(e3) Hydrologic and Hydraulic Capacity Requirements for CCR Surface Impoundments

EPA assumes that all owners and operators of existing and new CCR surface impoundments will prepare the initial inflow design flood control system plans required under 40 CFR 257.82(c) once during the three-year life of the ICR. In estimating the annual respondent hour and cost burden over the three-year period covered by this ICR, EPA annualized the hour and cost burden of this one-time activity by dividing the number of CCR units by three. Thus, EPA estimates that 211 units (i.e., 632 units / 3 years), on average, will be subject to this requirements each year.

EPA assumes that all owners and operators of existing and new CCR surface impoundments will prepare the initial inflow design flood control system plan required under 40 CFR 257.82(c) once during the three-year life of the ICR. In estimating the annual respondent hour and cost burden over the three-year period covered by this ICR, EPA annualized the hour and cost burden of this one-time activity by dividing the number of CCR units by three. Thus, EPA estimates that 211 units (i.e., 632 units / 3 years), on average, will prepare the initial inflow design flood control system plan each year.

EPA assumes that none of the owners and operators will amend their initial inflow design flood control system plan during the three-year period covered by this ICR

Based on the above, owners and operators of 211 CCR units will need to obtain a certification from a qualified professional engineer that the initial inflow design flood control system plans meet the requirements of 40 CFR 257.82 (40 CFR 257.82(c)(5)).

(e4) Inspection Requirements for CCR Surface Impoundments

EPA assumes that owners and operators of all 632 existing and new CCR surface impoundments will comply with the inspection requirements at 40 CFR 257.83(a) each year.

EPA estimates that 65 percent of existing and new CCR surface impoundments are subject to the periodic structural stability assessment requirements under 40 CFR 257.73(d) or 40 CFR 257.74(d) (i.e., 632 units x 0.65 = 411 units).²⁰ EPA assumes that all of these CCR units will be inspected annually by a qualified professional engineer to ensure that the design, construction, operation, and maintenance of the CCR unit are consistent with recognized and generally accepted good engineering standards. EPA also assumes that the qualified professional engineer will develop an inspection report, as required under 40 CFR 257.83(b)(2).

Finally, EPA assumes that owners and operators of 1 percent of the existing and new CCR surface impoundments (i.e., 632 units x 0.01 = 6 units) will develop and implement an action plan to remedy structural weakness or disrupting condition each year.

(e5) Inspection Requirements for CCR Landfills

EPA assumes that owners and operators of all 287 existing and new CCR landfills will comply with the inspection requirements at 40 CFR 257.84(a) and (b) each year.

EPA also assumes that owners and operators of 1 percent of the existing and new CCR landfills (i.e., 287 units x 0.01 = 3 units) will develop and implement an action plan to remedy structural weakness or disrupting condition each year.

(f) Groundwater Monitoring and Corrective Action (Exhibit 4)

(f1) Applicability

EPA assumes that owners and operators of all 919 existing and new CCR units will develop the annual groundwater monitoring and corrective action report required under 40 CFR 257.90(e).

(f2) Groundwater Monitoring Systems

EPA assumes that owners and operators of all 919 existing and new CCR units will document and include in the operating record the design, installation, development, and decommissioning of any monitoring wells, piezometers and other measurement, sampling, and analytical devices. Owners and operators of these units also will obtain a certification from a qualified professional engineer stating that the groundwater monitoring system has been designed and constructed to meet the requirements of 40 CFR 257.91. EPA also assumes that these activities will be conducted once during the three-year life of the ICR. In estimating the annual respondent hour and cost burden over the three-year period covered by this ICR, EPA annualized the hour and cost burden of these one-time activities by dividing the number of CCR units by three. Thus, EPA estimates that 306 units (i.e., 919 units / 3 years), on average, will be subject to this requirements each year.²¹

(f3) Groundwater Sampling and Analysis Requirements

EPA assumes that owners and operators of all 919 existing and new CCR units will develop a sampling and analysis program. EPA also assumes that owners and operators of these units will obtain a certification from a qualified professional engineer stating that the selected statistical method is appropriate for evaluating the groundwater monitoring data for the CCR management area. EPA further assumes that these activities will be conducted once during the three-year life of the ICR. In estimating the annual respondent hour and cost burden over the three-year period covered by this ICR, EPA annualized the hour and cost burden of this one-time activity by dividing the number of CCR units by three. Thus, EPA estimates that 306 units (i.e., 919 units / 3 years), on average, will be subject to this requirement each year.²²

(f4) Detection Monitoring Program

EPA assumes that owners and operators of 5 percent of existing and new CCR units (i.e.,919 units x 0.05 = 46 units) will demonstrate the need for an alternative monitoring frequency for repeated sampling and analysis for constituents listed in Appendix III during the active life and the post-closure care period based on the availability of groundwater. EPA also assumes that these owners and operators will obtain a certification from a qualified professional engineer stating that the demonstration for an alternative groundwater sampling and analysis frequency meets the requirements of 40 CFR 257.94. EPA further assumes that these activities will be conducted once during the three-year life of the ICR. In estimating the annual respondent hour and cost burden over the three-year period covered by this ICR, EPA annualized the hour and cost burden of these one-time activities by dividing the number of CCR units by three. Thus, EPA estimates that 15 units (i.e., 46 units / 3 years), on average, will be subject to these requirements each year.

EPA assumes that, each year, owners and operators of 10 percent of existing and new CCR units (i.e., 919 units x 0.10 = 92 units) will determine that there is a statistically significant increase over background levels for one or more of the constituents listed in Appendix III at any monitoring well at the waste boundary specified under 40 CFR 257.91(a)(2). EPA also assumes that owners and operators of 50 percent of these CCR units (i.e., 92 units x 0.50 = 46 units) will demonstrate that a source other than the CCR unit caused the statistically significant increase over background levels for a constituent or that the statistically significant increase resulted from error in sampling, analysis, statistical evaluation, or natural variation in groundwater quality. This demonstration will include a certification from a qualified professional engineer verifying the accuracy of the information in the report.

Finally, EPA assumes that owners and operators of the remaining 50 percent of the CCR units with a statistically significant increase over background levels for one or more of the constituents listed in Appendix III at any monitoring well at the waste boundary specified under 40 CFR 257.91(a)(2) (i.e.,46 units) will prepare a notification stating that an assessment monitoring program has been established.

(f5) Assessment Monitoring Program

EPA assumes that owners and operators of 5 percent of the CCR units subject to the assessment monitoring requirements (i.e., 46 units x 0.05 = 2 units) will demonstrate the need for an alternative monitoring frequency for repeated sampling and analysis for constituents listed in Appendix IV during the active life and the post-closure care period based on the availability of groundwater (40 CFR 257.95(c)(1)-(2)). EPA also assumes that these owners and operators will obtain a certification from a qualified professional engineer stating that the demonstration for an alternative groundwater sampling and analysis frequency meets the requirements of 40 CFR 257.95 (40 CFR 257.95(c)(3)). EPA further assumes that these activities will be conducted once during the three-year life of the ICR. In estimating the annual respondent hour and cost burden over the three-year period covered by this ICR, EPA annualized the hour and cost burden of these one-time activities by dividing the number of CCR units by three. Thus, EPA estimates that 1 unit (i.e., 2 units / 3 years), on average, will be subject to these requirements each year.

EPA assumes that, during the three-year period covered by this ICR, the concentrations of all constituents listed in Appendix IV will be shown to be at or below background values for two consecutive sampling events for 5 percent of the CCR units (i.e., 46 units x 0.05 = 2 units). EPA further assumes that these owners and operators will prepare a notification stating that detection monitoring is resuming for the CCR unit (40 CFR 257.95(e)). In estimating the annual respondent hour and cost burden over the three-year period covered by this ICR, EPA annualized the hour and cost burden of this one-time activity by dividing the number of CCR units by three. Thus, EPA estimates that 1 unit (i.e., 2 units / 3 years), on average, will be subject to this requirement each year.

EPA assumes that, during the three-year period covered by this ICR, one or more constituents in Appendix IV will be detected at statistically significant levels above the groundwater protection standard established under 40 CFR 257.95(h) for 5 percent of the CCR units (i.e., 46 units x 0.05 = 2 units). These owners and operators will need to prepare a notification identifying the constituents in Appendix IV that have exceeded the groundwater protection standard (40 CFR 257.95(g)); notify all persons who own the land or reside on the land that directly overlies any part of the plume of contamination if contaminants have migrated off-site if indicated by sampling of wells in accordance 40 CFR 257.95(g)(1) (40 CFR 257.95(g)(2)); demonstrate that a source other than the CCR unit caused the contamination, or that the statistically significant increase resulted from error in sampling, analysis, statistical evaluation, or natural variation in groundwater quality (40 CFR 257.95(g)(3)(ii)); and/or prepare a notification stating that an assessment of corrective measures has been initiated under 40 CFR 257.96 (40 CFR 257.95(g)(5)). In estimating the annual respondent hour and cost burden over the three-year period covered by this ICR, EPA annualized the hour and cost burden of these one-time activities by dividing the number of CCR units by three. Thus, EPA estimates that 1 unit (i.e., 2 units / 3 years), on average, will be subject to this requirement each year.

(f6) Assessment of Corrective Measures

EPA assumes that 1 CCR unit will be subject to the assessment of corrective measures requirements under 40 CFR 257.96 each year.

(f7) Selection of Remedy

EPA assumes that none of the existing and new CCR units will be affected by the requirements under 40 CFR 257.97 during the three-year period covered by this ICR.

(f8) Implementation of the Corrective Action Program

EPA assumes that none of the existing and new CCR units will be affected by the requirements under 40 CFR 257.98 during the three-year period covered by this ICR.

(g) Closure and Post-Closure Care (Exhibit 5)

(g1) Inactive CCR Surface Impoundments

EPA estimates that there are a total of 111 inactive surface impoundments.²³ EPA assumes that owners and operators will complete closure of these CCR units during the three-year period covered by this ICR. EPA also assumes that these owners and operators will obtain a written certification from a qualified professional engineer that closure of the CCR surface impoundments is technically feasible within the time frame in 40 CFR 257.100(b) (40 CFR 257.100(b)(6)), prepare a notification of intent to initiate closure of the CCR surface impoundment (40 CFR 257.100(c)(1)), prepare periodic progress reports summarizing the progress of closure implementation (40 CFR 257.100(c)(2)(i) and 40 CFR 257.100(c)(2)(ii)), and prepare and place in the facility’s operating record a notification of completion of closure of the CCR surface impoundment (40 CFR 257.100(c)(3)). EPA further assumes that these activities will be conducted once during the three-year period covered by this ICR. In estimating the annual respondent hour and cost burden over the three-year period covered by this ICR, EPA annualized the hour and cost burden of these one-time activities by dividing the number of CCR units by three. Thus, EPA estimates that 37 units (i.e., 111 units / 3 years), on average, will be subject to this requirement each year.

(g2) Closure of CCR Landfills and CCR Surface Impoundments

The burden associated with inclusion of the specified statements in the notifications required under 40 CFR 257.102(g) has been considered under the corresponding regulatory requirements.

(g3) Criteria for Conducting Closure or Retrofit of CCR Landfills and CCR Surface Impoundments

EPA assumes that all owners and operators of existing and new CCR surface impoundments will prepare a written closure plan or written retrofit plan that describes the steps necessary to close or retrofit the CCR unit at any point during the active life of the CCR unit consistent with recognized and generally accepted good engineering practices (40 CFR 257.102(b) and (k)). EPA also assumes that owners and operators will obtain a written certification from a qualified professional engineer that the written closure or retrofit plan meets the requirements of 40 CFR 257.102 (40 CFR 257.102(b)(4) and (k)(2)(iv)). EPA assumes that these activities will be conducted once during the three-year life of the ICR. In estimating the annual respondent hour and cost burden over the three-year period covered by this ICR, EPA annualized the hour and cost burden of these one-time activities by dividing the number of CCR units by three. Thus, EPA estimates that 306 units (i.e., 919 units / 3 years), on average, will be subject to these requirements each year.

EPA assumes that none of the owners and operators will amend their closure or retrofit plan during the three-year period covered by this ICR.

EPA estimates that, each year, 3 CCR landfills and 7 CCR surface impoundments units will undergo closure or retrofit. EPA assumes that owners and operators of these CCR units will conduct the following activities: obtain a written certification from a qualified professional engineer that the design of the final cover system meets the requirements of 40 CFR 257.102, if the unit is closing (40 CFR 257.102(d)(3)(iii)); obtain a certification from a qualified professional engineer verifying that closure or retrofit has been completed in accordance with the closure or retrofit plan specified in 40 CFR 257.102(b) or (k)(2) and the requirements of 40 CFR 257.102(f)(3) and (k)(4); prepare a notification of intent to close or retrofit a CCR unit (40 CFR 257.102(g) and (k)(5)); prepare a notification of closure of a CCR unit, if the unit is closing (40 CFR 257.102(h)); and prepare a notification stating that the notation on the deed to the property (or some other instrument that is normally examined during title search) has been recorded (40 CFR 257.102(i)).

(g4) Alternative Closure Requirement

EPA assumes that none of the CCR units will be affected by the alternative closure requirements (units undergoing retrofit are also eligible for these alternatives as specified under 40 CFR 257.102(k)(3)) under 40 CFR 257.103 during the three-year period covered by this ICR.

(g5) Post-Closure Care Requirements

EPA assumes that all owners and operators of existing and new CCR surface impoundments will prepare a written post-closure plan (40 CFR 257.104(d)). EPA also assumes that owners and operators will obtain a written certification from a qualified professional engineer that the written post-closure plan meets the requirements of 40 CFR 257.104 (40 CFR 257.104(d)(4)). EPA assumes that these activities will be conducted once during the three-year life of the ICR. In estimating the annual respondent hour and cost burden over the three-year period covered by this ICR, EPA annualized the hour and cost burden of these one-time activities by dividing the number of CCR units by three. Thus, EPA estimates that 306 units (i.e., 919 units / 3 years), on average, will be subject to this requirements each year.

EPA assumes that none of the owners and operators will amend their post-closure plan during the three-year period covered by this ICR.

Finally, EPA assumes that none of the owners and operators of the CCR units will prepare a notification verifying that post-closure care has been completed (40 CFR 257.104(e)).

(h) Recordkeeping, Notification, and Posting of Information to the Internet - Owners and Operators of CCR Units (Exhibit 6)

EPA assumes that, each year, the 414 owners and operator of the 919 existing and new CCR units will comply with the recordkeeping, notification, and posting requirements of the final rule.

EPA also assumes that these owners and operators will develop a publicly accessible internet site (CCR website) containing the information specified at 40 CFR 257.107 once during the three-year life of the ICR.²⁴ In estimating the annual respondent hour and cost burden over the three-year period covered by this ICR, EPA annualized the hour and cost burden of this one-time activity by dividing the number of respondents by three. Thus, EPA estimates that 138 respondents (i.e., 414 respondents / 3 years), on average, will comply with this requirement each year.

(i) Recordkeeping, Notification, and Posting of Information to the Internet – State Government Agencies and Tribal Authorities (Exhibit 7)

Owners and operators of CCR units must send the notifications required under 40 CFR 257.106(e) through (i) to the relevant State Director and/or appropriate Tribal authority. EPA assumes that State government agencies and Tribal authorities will review these notifications once received.

(j) Solid Waste Management Plans (Exhibits 8a and 8b)

EPA assumes that the 48 States where the CCR units will be regulated under the final rule (i.e., 47 States and Puerto Rico) will prepare a solid waste management plan once during the three-year life of the ICR. In estimating the annual respondent hour and cost burden over the three-year period covered by this ICR, EPA annualized the hour and cost burden of this one-time activity by dividing the number of respondents by three. Thus, EPA estimates that 16 respondents (i.e., 48 respondents / 3 years), on average, will prepare a solid waste management plan each year.

6(e) BOTTOM LINE HOUR AND COST BURDEN

(1) Respondent Tally

Exhibit 9 summarizes the total annual respondent hour and cost burden associated with all the requirements covered in this ICR. As shown in the exhibit, EPA estimates the annual respondent burden to be 358,957 hours and $64,007,121. The bottom line burden to respondents over three years is estimated to be 1,076,871 hours and $192,021,363. The annual O&M cost to respondents is $41,112,513.

	Respondents	Hours	O&M
Private	486	347,561	$41,112,513
States	48	11,396	$0
Total	534	358,957	$41,112,513

(2) Agency Tally

Exhibit 8b summarizes the total annual Agency hour or cost burden associated with reviewing and approving State SWMPs. As shown in the exhibit, EPA estimates the annual Agency burden to be 2,064 hours and $129,215.

6(f) REASONS FOR CHANGE IN BURDEN

EPA believes the new information collection requirements are needed to provide interested parties with the information necessary to determine whether owners and operators of CCR units are operating in accordance with the requirements of the final rule.

6(g) PUBLIC BURDEN STATEMENT

The average burden per response for this collection of information is estimated to be 9 hours. The average annual recordkeeping burden is estimated to be 823 hours per respondent. The average annual reporting burden is estimated to be 9 hours per respondent. The average annual third party disclosure burden is estimated to be 9 hours per respondent.

Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. 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. The OMB control numbers for EPA’s regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

To comment on EPA's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established three public dockets for this regulatory action under Docket ID Number EPA-HQ-RCRA-2009-0640, Docket ID Number EPA‑HQ‑RCRA-2011-0392, and Docket ID Number EPA-HQ-RCRA-2012-0028. The ICR is available for online viewing at www.regulations.gov, or in person viewing at the OSWER Docket in the EPA Docket Center (EPA/DC), EPA West Building, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OSWER Docket is (202) 566-0276. An electronic version of the public docket is available at www.regulations.gov. This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select “search,” then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Numbers EPA-HQ‑RCRA-2009-0640, EPA-HQ-RCRA-2011-0392, and EPA‑HQ‑RCRA‑2012‑0028 and OMB Control Number 2050-0053 in any correspondence.

1 Bureau of Labor Statistics, “Table 4. Employment Cost Index for total compensation, for civilian workers, by occupational and industry,” Employment Cost Index Historical Listing – Volume V, Continuous Occupational and Industry Series, September 1975 – September 2014; October 2014. Available online at: http://www.bls.gov/web/eci/ecicois.pdf, last accessed on November 26, 2014. Civilian Workers, All Workers, June 2011=114.8 and September 2014=122.2.

2 Bureau of Labor Statistics, "Table 24. Historical Consumer Price Index for All Urban Consumers (CPI-U): U. S. city average, all." October 2014. Available online at: http://www.bls.gov/cpi/cpid1410.pdf, last accessed on December 11, 2014. All items, December 2011=225.672 and October 2014=237.433.

3 The universe estimates in this ICR were obtained from the RIA developed for this rulemaking: EPA’s 2015 RCRA Final Rule Regulating Coal Combustion Residual (CCR) Landfills and Surface Impoundments at Coal-Fired Electric Utility Power Plants, Appendix M, October 2014.

4 The RIA for the final rule does not estimate the number of new CCR units that will be subject to the requirements under 40 CFR 257.60. As a conservative assumption, this ICR assumes that 50 percent of existing and new CCR units will be subject to the requirements under 40 CFR 257.60.

5 The RIA for the final rule does not estimate the number of new CCR units that will be subject to the requirements under 40 CFR 257.61. As a conservative assumption, this ICR assumes that 50 percent of existing and new CCR units will be subject to the requirements under 40 CFR 257.61.

6 This assumption is consistent with the RIA developed in support of the final rule (p. 4-25).

7 This assumption is consistent with the RIA developed in support of the final rule (p. 4-26).

8 Ibid.

9 This assumption is based on information from information request responses from 240 electric utilities. EPA sent out this information request in March, April and December of 2009. All responses, with the exception of information claimed as confidential business information, are available at EPA’s “Information Request Responses from Electric Utilities” web page at http://www.epa.gov/epawaste/nonhaz/industrial/special/fossil/surveys/index.htm, last accessed on December 17, 2014. Based on these responses, 127 of 678 CCR surface impoundments (i.e., 19 percent) are incised units.

10 40 CFR 257.73(f)(3) indicates that the frequency for conducting periodic assessments is every five years. The date of completing the initial assessment is the basis for establishing the deadline to complete the first subsequent assessment. As a result, only the initial assessment will be conducted during the three-year period covered by this ICR.

11 This assumption is based on information from information request responses from 240 electric utilities. EPA sent out this information request in March, April and December of 2009. All responses, with the exception of information claimed as confidential business information, are available at EPA’s “Information Request Responses from Electric Utilities” web page at http://www.epa.gov/epawaste/nonhaz/industrial/special/fossil/surveys/index.htm, last accessed on December 17, 2014. Based on these responses, 448 of 678 CCR surface impoundments (i.e., 66 percent) are incised units.

12 40 CFR 257.73(f)(3) indicates that the frequency for conducting periodic assessments is every five years. The date of completing the initial assessment is the basis for establishing the deadline to complete the first subsequent assessment. As a result, only the initial assessment will be conducted during the three-year period covered by this ICR.

13 Ibid.

14 This assumption is based on information from information request responses from 240 electric utilities. EPA sent out this information request in March, April and December of 2009. All responses, with the exception of information claimed as confidential business information, are available at EPA’s “Information Request Responses from Electric Utilities” web page at http://www.epa.gov/epawaste/nonhaz/industrial/special/fossil/surveys/index.htm, last accessed on December 17, 2014. Based on these responses, 127 of 678 CCR surface impoundments (i.e., 19 percent) are incised units.

15 40 CFR 257.74(f)(2) indicates that the frequency for conducting periodic assessments is every five years. The date of completing the initial assessment is the basis for establishing the deadline to complete the first subsequent assessment. As a result, only the initial assessment will be conducted during the three-year period covered by this ICR.

16 This assumption is based on information from information request responses from 240 electric utilities. EPA sent out this information request in March, April and December of 2009. All responses, with the exception of information claimed as confidential business information, are available at EPA’s “Information Request Responses from Electric Utilities” web page at http://www.epa.gov/epawaste/nonhaz/industrial/special/fossil/surveys/index.htm, last accessed on December 17, 2014. Based on these responses, 448 of 678 CCR surface impoundments (i.e., 66 percent) are incised units.

17 40 CFR 257.74(f)(2) indicates that the frequency for conducting periodic assessments is every five years. The date of completing the initial assessment is the basis for establishing the deadline to complete the first subsequent assessment. As a result, only the initial assessment will be conducted during the three-year period covered by this ICR.

18 Ibid.

19 The RIA for the final rule assumes that each dust control plan would be modified once over its lifespan. The RIA also assumes a 40-year CCR management unit lifespan. (p. 4-22)

20 This assumption is based on information from information request responses from 240 electric utilities. EPA sent out this information request in March, April and December of 2009. All responses, with the exception of information claimed as confidential business information, are available at EPA’s “Information Request Responses from Electric Utilities” web page at http://www.epa.gov/epawaste/nonhaz/industrial/special/fossil/surveys/index.htm, last accessed on December 17, 2014. Based on these responses, 448 of 678 CCR surface impoundments (i.e., 66 percent) are incised units.

21 This assumption is consistent with the RIA developed in support of the final rule (Appendix M).

22 This assumption is consistent with the RIA developed in support of the final rule (Appendix M).

23 This assumption is consistent with the RIA developed in support of the final rule (p. 4-37).

24 The hourly burden associated with this activity is based on information obtained from http://lutrov.com/website-cost-estimate-calculator and https://mazuzu.com/pricing.html. Both web sites were last accessed on December 17, 2014.

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