HSWMS: Disposal of CCR; A Holistic Approach to Closure Part B: Alternate Demonstration for Unlined Surface Impoundments; Implementation of Closure; Legacy Units (Proposed Rule)
HSWMS: Disposal of CCR; A Holistic Approach to Closure Part B: Alternate Demonstration for Unlined Surface Impoundments; Implementation of Closure; Legacy Units (Proposed Rule)
New collection (Request for a new OMB Control Number)
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.
Inventory as of this Action
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Previously Approved
36 Months From Approved
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On April 17, 2015, the Environmental Protection Agency (EPA or the Agency) promulgated national minimum criteria for existing and new coal combustion residuals (CCR) landfills and existing and new CCR surface impoundments. In this action, EPA is proposing procedures to allow facilities to request approval to operate with an alternate liner for existing CCR surface impoundments, two co-proposed options to allow the use of CCR during unit closure, an additional closure option for CCR units being closed by removal of CCR, and requirements for annual closure progress reports. On August 21, 2018 the U.S. Court of Appeals for the District of Columbia Circuit issued its opinion in the case of Utility Solid Waste Activities Group, et al v. EPA which vacated and remanded the provision that exempted inactive impoundments at inactive facilities from the CCR rule. As a first step to implement this part of the court decision, EPA is also seeking comments and data on inactive CCR surface impoundments at inactive utilities to assist in the development of future regulations for these CCR units.
The estimated annual respondent burden has increased by either 17,301 hours (assuming Provision 2, Co-Proposed Option 1 is included) or 20,170 hours (assuming Provision 2, Co-Proposed Option 2 is included) in total estimated respondent burden compared with that identified in the information collection most recently approved respondent burden by OMB associated with the CCR program (175,319 hours). This reflects an increase in the requirements for respondents associated with the proposed Part B Rule. Also, the costs to the industry respondents increased by either $5,057,325 (assuming Provision 2, Co-Proposed Option 1 is included) or $5,863,060 (assuming Provision 2, Co-Proposed Option 2 is included), again reflecting the additional requirements associated with the proposed Part B Rule. While there is an increase in ICR burden associated with the additional reporting related to the Proposed Part B Rule, most of the burden is voluntary and is expected to be much smaller in magnitude than the operational cost savings related to closure extensions or the ability to use CCR in closure, as shown in the corresponding Regulatory Impact Analysis for this proposed rule
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.
2609ss01.docx
Private Facilities Annual Reporting