National Emission Standards for Hazardous Pollutants (NESHAP) for Radon Emissions from Operating Mill Tailings (40 CFR 61, subpart W) (Final Rule)

Forms and Documents

Document Name	Status
2464ss02 - Support Stm Final Subpart W draft 11172016.docx Supporting Statement A	2016-12-05

IC Document Collections

IC ID	Document Title	Status
224456	NESHAP for Radon Emissions from Operating Mill Tailings	Modified

ICR Details

OMB Control No: 2060-0706	ICR Reference No: 201612-2060-001
Status: Historical Active	Previous ICR Reference No: 201611-2060-004
Agency/Subagency: EPA/OAR	Agency Tracking No: 2464.02
Title: National Emission Standards for Hazardous Pollutants (NESHAP) for Radon Emissions from Operating Mill Tailings (40 CFR 61, subpart W) (Final Rule)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/12/2017
	Date Received in OIRA: 08/29/2017
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2020	36 Months From Approved
Responses	276	0	0
Time Burden (Hours)	7,153	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: On May 2, 2014, EPA proposed revisions to the radon emission standards for 40 CFR Part 61, Subpart W. Included in the proposed revisions is a requirement that owners and operators of uranium recovery facilities maintain specific records pertaining to the design, construction and operation of the uranium tailings impoundments, both conventional and nonconventional, and heap leach piles. These records will be retained at the facility and contain information regarding the approved design of the impoundments and/or heap leach pile, including but not limited to, all tests performed that prove the liner is compatible with the material(s) being placed on the liner. For nonconventional impoundments this requirement also includes records showing compliance with the requirement to continuously maintain one meter of liquid in the impoundment. For heap leach piles, this requirement includes records showing that the 30% moisture content (by weight) of the pile is continuously maintained. Apart from the design documents, which are required for the application submitted under Subpart A of 40 CFR part 61, records regarding the inspections to determine the one meter liquid requirement for nonconventional ponds and the records showing compliance with the 30% moisture level in heap leach piles are new requirements for collection of information that is not covered under the existing ICR for NESHAPs, EPA Number 1100.13, OMB Number 2060-0191. Information collected is used by EPA to ensure that public health continues to be protected from the hazards of airborne radionuclides by compliance with these standards. If the information were not collected, it is unlikely that a violation of these standards would be identified and, thus, there would be no corrective action initiated to bring the facilities back into compliance. Compliance is demonstrated through inspection testing and/or moisture content calculation. All facilities are required to maintain their records for 5 years. The rationale for the 5 year record keeping requirement is from the Code of Federal Regulations (CFR), 40 CFR Part 61, Section 61.255. In some cases, they also report their results to EPA.

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Authorizing Statute(s): US Code: 42 USC 1857 Name of Law: Clean Air Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2060-AP26	Final or interim final rulemaking	82 FR 5142	01/17/2017

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
NESHAP for Radon Emissions from Operating Mill Tailings

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	276	0	0	276	0	0
Annual Time Burden (Hours)	7,153	0	0	7,153	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: New collection

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Annual Cost to Federal Government: $14,950

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 08/29/2017

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