OMB files this
comment in accordance with 5 CFR 1320.11( c ). This OMB action is
not an approval to conduct or sponsor an information collection
under the Paperwork Reduction Act of 1995. This action has no
effect on any current approvals. If OMB has assigned this ICR a new
OMB Control Number, the OMB Control Number will not appear in the
active inventory. For future submissions of this information
collection, reference the OMB Control Number provided. Prior to
publication of the final rule, the agency should provide a summary
of any comments related to the information collection and their
response, including any changes made to the ICR as a result of
comments.
Inventory as of this Action
Requested
Previously Approved
11/30/2018
11/30/2018
11/30/2018
2,252,170
0
2,252,170
485,069
0
485,069
51,653,044
0
51,653,044
This ICR covers the Identification,
Listing and Rulemaking Petitions under the authority of the
Resource Conservation and Recovery Act of 1976 (RCRA), as amended,
codified under 40 Code of Federal Regulations (CFR) parts 260 and
261. EPA is currently amending this ICR to reflect new information
collection requirements imposed by the Hazardous and Solid Waste
Management System: Disposal of Coal Combustion Residuals from
Electric Utilities; Amendments to the National Minimum Criteria
(Phase One). The 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) in 2015 that established national minimum
criteria for existing and new CCR landfills and CCR surface
impoundments and all lateral expansions to 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 Agency is currently proposing a rule that will address four
provisions of that final rule that were remanded back to the Agency
on June 14, 2016 by the U.S. Court of Appeals for the D.C. Circuit.
The Agency is also proposing six provisions that establish
alternative performance standards for owners and operators of CCR
units located in states that have approved CCR permit programs
(participating states) or are otherwise subject to oversight
through a permit program administered by EPA. Finally, the Agency
is proposing an additional revision based on comments received
since the date of the final CCR rule. In December 2016, the
President signed the Water Infrastructure Improvements for the
Nation (WIIN) Act, which amended RCRA Subtitle D and established
new statutory provisions applicable to CCR landfills and CCR
surface impoundments. In particular, the WIIN Act provides that,
states may, but are not required to, develop and submit a permit
(or other system of prior approval) program for CCR disposal to EPA
for approval. Such a program does not have to be identical to the
requirements in the CCR rule (40 CFR part 257, subpart D), but must
be at least as protective as the CCR rule. EPA has developed
Guidance to provide states with information needed to apply for
permit program approval.
US Code:
42 USC 6921-6924 Name of Law: Resource Conservation and
Recovery Act of 1976
This ICR reflects a decrease to
the currently approved burden hour and cost estimates based on
changes to requirements under the Proposed Coal Cumbustion Residue
(CCR) Remand Rule and state adoption of anticipated flexibilities
under 2016 Water Infrastructure Investment for the Nation (WIIN)
Act. These program changes will result in an annual burden decrease
of 4,267 hours and $5,713,027 ($519,832 in labor costs and
$5,193,195 in other costs). This is a deregulatory action under EO
13771.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
1189ss27.docx
Identification, Listing and Rulemaking Petitions (Private) 1189.26