This ICR addresses 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 and is being updated reflect the 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); Final Rule (referred to herein as the Phase One Final Rule). 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). EPA 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 finalizing a rule that will change compliance dates associated with two 2015 rule provisions to require compliance by October 2020. Phase One Final Rule also includes a third revision that clarifies certain groundwater measures, and two 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.
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. This ICR addresses the following changes in information requirements associated with the Phase One Final Rule provisions and with anticipated adoption of flexibilities under the WIIN Act by states: changes in compliance dates for key closure provisions, revisions to groundwater monitoring documentation for qualifying facilities, and third-Party certification. The remaining provision in the rule addresses groundwater standards and makes no changes to requirements affected by the Paperwork Reduction Act.
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 Combustion Residue (CCR) Remand Rule and state adoption of anticipated flexibilities under 2016 Water Infrastructure Investment for the Nation (WIIN) Act. 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.
1189ss28 revised.docx
Identification, Listing and Rulemaking Petitions (Private) 1189.26